Missouri 2025 Regular Session

Missouri Senate Bill SB143 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION- Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4
5	5	FIRST REGULAR SESSION
6	6	SENATE BILL NO. 143
7	7	103RD GENERAL ASSEMBLY
8	8
9	9	INTRODUCED BY SENATOR SCHROER.
10	10	1116S.01I KRISTINA MARTIN, Secretary
11	11	AN ACT
12	12	To repeal sections 43.080, 168.133, 190.053, 190.098, 190.101, 190.109, 195.417, 197.135,
13	13	198.022, 210.109, 210.112, 210.135, 210.1012, 210.1505, 211.033, 211.072, 219.021,
14	14	221.044, 221.105, 221.400, 221.402, 221.405, 221.407, 221.410, 287.243, 292.606,
15	15	301.260, 307.175, 332.081, 386.572, 452.425, 455.010, 455.035, 455.513, 478.001,
16	16	490.692, 491.075, 491.641, 492.304, 509.520, 556.061, 558.041, 559.125, 565.240,
17	17	566.151, 567.030, 568.045, 575.150, 575.205, 579.060, 579.065, 579.068, 589.401,
18	18	589.414, 590.033, and 595.045, RSMo, and section 304.022 as enacted by house bill
19	19	no. 1606, one hundred first general assembly, second regular session, and section
20	20	304.022 as enacted by senate bill no. 26 merged with senate bills nos. 53 & 60, one
21	21	hundred first general assembly, first regular session, and to enact in lieu thereof ninety-
22	22	six new sections relating to public safety, with penalty provisions, an emergency clause
23	23	for certain sections and a contingent effective date for a certain section.
24	24
25	25
26	26	Be it enacted by the General Assembly of the State of Missouri, as follows:
27	27	Section A. Sections 43.080, 168.133, 190.053, 190.098, 1
28	28	190.101, 190.109, 195.417, 197.135, 198.022, 210.109, 210.112, 2
29	29	210.135, 210.1012, 210.1505, 211.033, 211.072, 219.021, 3
30	30	221.044, 221.105, 221.400, 221.402, 221.405, 221.407, 221.410, 4
31	31	287.243, 292.606, 301.260, 307.175, 332.081, 386.572, 452.425, 5
32	32	455.010, 455.035, 455.513, 478.001, 490.692, 491.075, 491.641, 6
33	33	492.304, 509.520, 556.061, 558.041, 559.125, 565.240, 566.151, 7
34	34	567.030, 568.045, 575.150, 575.205, 579.060, 579.065, 579.068, 8
35	35	589.401, 589.414, 590.033, and 595.045, RSMo, and section 9
36	36	304.022 as enacted by house bill no. 1606, one hundred first 10 SB 143 2
37	37	general assembly, second regular session, and section 304.022 11
38	38	as enacted by senate bill no. 26 merged with senate bills nos. 12
39	39	53 & 60, one hundred first general assembly, first regular 13
40	40	session, are repealed and ninety-six new sections enacted in 14
41	41	lieu thereof, to be known as sections 43.080, 168.133, 190.053, 15
42	42	190.076, 190.098, 190.101, 190.109, 190.112, 190.166, 195.417, 16
43	43	197.135, 198.022, 210.109, 210.112, 210.135, 210.1012, 17
44	44	210.1505, 211.033, 211.072, 217.451, 219.021, 221.044, 221.108, 18
45	45	221.400, 221.402, 221.405, 221.407, 221.410, 221.523, 287.243, 19
46	46	292.606, 301.260, 304.022, 307.175, 320.500, 320.502, 320.504, 20
47	47	320.506, 320.508, 320.510, 320.512, 320.514, 320.516, 320.518, 21
48	48	320.520, 320.522, 320.524, 320.526, 320.528, 332.081, 386.572, 22
49	49	452.425, 452.1100, 452.1102, 452.1104, 452.1106, 452.1108, 23
50	50	452.1110, 452.1112, 452.1114, 452.1118, 452.1120, 452.1122, 24
51	51	454.1050, 455.010, 455.035, 455.098, 455.513, 478.001, 490.692, 25
52	52	491.075, 491.641, 492.304, 509.520, 550.320, 556.061, 557.520, 26
53	53	558.041, 559.125, 565.240, 566.151, 567.030, 568.045, 569.088, 27
54	54	570.036, 575.150, 575.205, 579.060, 579.065, 579.068, 589.401, 28
55	55	589.414, 589.700, 590.033, 595.045, and 595.325, to read as 29
56	56	follows:30
57	57	43.080. 1. The superintendent is authorized and 1
58	58	empowered to prescribe policies providing for increases in 2
59	59	the salaries of members of the highway patrol. Each year, 3
60	60	prior to January first, the superintendent shall submit a 4
61	61	salary schedule report to the governor, speaker of the house 5
62	62	of representatives, and the president pro tem of the 6
63	63	senate. The salary schedule report prepared by the 7
64	64	superintendent shall include, in addition to other matters 8
65	65	deemed pertinent to the superintendent, a comparison of the 9
66	66	salaries of police officers of the three largest police 10
67	67	departments in the state and a comparison of the salaries 11 SB 143 3
68	68	and benefits of police officers employed by the following 12
69	69	law enforcement agencies located in surrounding states: 13
70	70	(1) The Iowa State Patrol; 14
71	71	(2) The Nebraska State Patrol; 15
72	72	(3) The Illinois State Police; 16
73	73	(4) The Kentucky State Police; 17
74	74	(5) The Tennessee Highway Patrol; 18
75	75	(6) The Arkansas State Police; 19
76	76	(7) The Oklahoma Highway Patrol; and 20
77	77	(8) The Kansas Highway Patrol. 21
78	78	2. The governor may make additional recommendations to 22
79	79	the report and forward them to the speaker of the house of 23
80	80	representatives and the president pro tem of the senate. 24
81	81	The speaker of the house of representatives and the 25
82	82	president pro tem of the senate may assign the salary 26
83	83	schedule report to the appropriate standing committees to 27
84	84	review the salary comparisons to ensure that parity in the 28
85	85	salary of members of the highway patrol and officers of the 29
86	86	three largest police departments is maintained. The 30
87	87	superintendent of the highway patrol shall testify before 31
88	88	the appropriate committee on the salary schedule report if 32
89	89	called upon by such committee. The "service" of a member of 33
90	90	the patrol, who has served in the Armed Forces of the United 34
91	91	States and who has subsequently been reinstated as a member 35
92	92	of the patrol within ninety days after receiving a discharge 36
93	93	other than dishonorable from the Armed Forces of the United 37
94	94	States, shall be considered service with the patrol as a 38
95	95	member of the patrol rendered since last becoming a member 39
96	96	prior to entrance into the Armed Forces of the United 40
97	97	States; except that no member shall be entitled to any 41
98	98	credit, privilege or benefit provided by this chapter if 42
99	99	such member voluntarily extends or participates in an 43 SB 143 4
100	100	extension of the period of service, whether by reenlistment, 44
101	101	waiver of discharge, acceptance of commission or any other 45
102	102	action, with the Armed Forces beyond the period of service 46
103	103	for which such member was originally commissioned, enlisted, 47
104	104	inducted or called. 48
105	105	168.133. 1. As used in this section, "screened 1
106	106	volunteer" shall mean any person who assists a school by 2
107	107	providing uncompensated service and who may periodically be 3
108	108	left alone with students. The school district or charter 4
109	109	school shall ensure that a criminal background check is 5
110	110	conducted for all screened volunteers, who shall complete 6
111	111	the criminal background check prior to being left alone with 7
112	112	a student. [Screened volunteers include, but are not 8
113	113	limited to, persons who regularly assist in the office or 9
114	114	library, mentor or tutor students, coach or supervise a 10
115	115	school-sponsored activity before or after school, or 11
116	116	chaperone students on an overnight trip.] Screened 12
117	117	volunteers may only access student education records when 13
118	118	necessary to assist the district and while supervised by 14
119	119	staff members. Volunteers that are not screened shall not 15
120	120	be left alone with a student or have access to student 16
121	121	records. 17
122	122	2. (1) The school district or charter school shall 18
123	123	ensure that a criminal background check is conducted on any 19
124	124	person employed after January 1, 2005, authorized to have 20
125	125	contact with pupils and prior to the individual having 21
126	126	contact with any pupil. [Such persons include, but are not 22
127	127	limited to, administrators, teachers, aides, 23
128	128	paraprofessionals, assistants, secretaries, custodians, 24
129	129	cooks, screened volunteers, and nurses.] 25
130	130	(2) The school district or charter school shall also 26
131	131	ensure that a criminal background check is conducted for 27 SB 143 5
132	132	school bus drivers and drivers of other vehicles owned by 28
133	133	the school district or charter school or operated under 29
134	134	contract with a school district or charter school and used 30
135	135	for the purpose of transporting school children. The school 31
136	136	district or charter school may allow such drivers to operate 32
137	137	buses pending the result of the criminal background check. 33
138	138	[For bus drivers,] The school district or charter school 34
139	139	shall be responsible for conducting the criminal background 35
140	140	check on drivers employed by the school district or charter 36
141	141	school under section 43.540. 37
142	142	(3) For drivers employed or contracted by a pupil 38
143	143	transportation company under contract with the school 39
144	144	district or the governing board of a charter school, the 40
145	145	criminal background check shall be conducted by the pupil 41
146	146	transportation company pursuant to section [43.540] 43.539 42
147	147	and conform to the requirements established in the National 43
148	148	Child Protection Act of 1993, as amended by the Volunteers 44
149	149	for Children Act. 45
150	150	(4) Personnel who have successfully undergone a 46
151	151	criminal background check and a check of the family care 47
152	152	safety registry as part of the professional license 48
153	153	application process under section 168.021 and who have 49
154	154	received clearance on the checks within one prior year of 50
155	155	employment shall be considered to have completed the 51
156	156	background check requirement. 52
157	157	(5) A criminal background check under this section 53
158	158	shall include a search of any information publicly available 54
159	159	in an electronic format through a public index or single 55
160	160	case display. 56
161	161	3. In order to facilitate the criminal history 57
162	162	background check, the applicant shall submit a set of 58
163	163	fingerprints collected pursuant to standards determined by 59 SB 143 6
164	164	the Missouri highway patrol. The fingerprints shall be used 60
165	165	by the highway patrol to search the criminal history 61
166	166	repository and shall be forwarded to the Federal Bureau of 62
167	167	Investigation for searching the federal criminal history 63
168	168	files. 64
169	169	4. The applicant shall pay the fee for the state 65
170	170	criminal history record information pursuant to section 66
171	171	43.530 and sections 210.900 to 210.936 and pay the 67
172	172	appropriate fee determined by the Federal Bureau of 68
173	173	Investigation for the federal criminal history record when 69
174	174	he or she applies for a position authorized to have contact 70
175	175	with pupils pursuant to this section. The department shall 71
176	176	distribute the fees collected for the state and federal 72
177	177	criminal histories to the Missouri highway patrol. 73
178	178	5. The department of elementary and secondary 74
179	179	education shall facilitate an annual check of employed 75
180	180	persons holding current active certificates under section 76
181	181	168.021 against criminal history records in the central 77
182	182	repository under section 43.530, the sexual offender 78
183	183	registry under sections 589.400 to 589.426, and child abuse 79
184	184	central registry under sections 210.109 to 210.183. The 80
185	185	department of elementary and secondary education shall 81
186	186	facilitate procedures for school districts to submit 82
187	187	personnel information annually for persons employed by the 83
188	188	school districts who do not hold a current valid certificate 84
189	189	who are required by subsection 1 of this section to undergo 85
190	190	a criminal background check, sexual offender registry check, 86
191	191	and child abuse central registry check. The Missouri state 87
192	192	highway patrol shall provide ongoing electronic updates to 88
193	193	criminal history background checks of those persons 89
194	194	previously submitted, both those who have an active 90
195	195	certificate and those who do not have an active certificate, 91 SB 143 7
196	196	by the department of elementary and secondary education. 92
197	197	This shall fulfill the annual check against the criminal 93
198	198	history records in the central repository under section 94
199	199	43.530. 95
200	200	6. The school district may adopt a policy to provide 96
201	201	for reimbursement of expenses incurred by an employee for 97
202	202	state and federal criminal history information pursuant to 98
203	203	section 43.530. 99
204	204	7. If, as a result of the criminal history background 100
205	205	check mandated by this section, it is determined that the 101
206	206	holder of a certificate issued pursuant to section 168.021 102
207	207	has pled guilty or nolo contendere to, or been found guilty 103
208	208	of a crime or offense listed in section 168.071, or a 104
209	209	similar crime or offense committed in another state, the 105
210	210	United States, or any other country, regardless of 106
211	211	imposition of sentence, such information shall be reported 107
212	212	to the department of elementary and secondary education. 108
213	213	8. Any school official making a report to the 109
214	214	department of elementary and secondary education in 110
215	215	conformity with this section shall not be subject to civil 111
216	216	liability for such action. 112
217	217	9. For any teacher who is employed by a school 113
218	218	district on a substitute or part-time basis within one year 114
219	219	of such teacher's retirement from a Missouri school, the 115
220	220	state of Missouri shall not require such teacher to be 116
221	221	subject to any additional background checks prior to having 117
222	222	contact with pupils. Nothing in this subsection shall be 118
223	223	construed as prohibiting or otherwise restricting a school 119
224	224	district from requiring additional background checks for 120
225	225	such teachers employed by the school district. 121
226	226	10. A criminal background check and fingerprint 122
227	227	collection conducted under subsections 1 to 3 of this 123 SB 143 8
228	228	section shall be valid for at least a period of one year and 124
229	229	transferrable from one school district to another district. 125
230	230	A school district may, in its discretion, conduct a new 126
231	231	criminal background check and fingerprint collection under 127
232	232	subsections 1 to 3 of this section for a newly hired 128
233	233	employee at the district's expense. A teacher's change in 129
234	234	type of certification shall have no effect on the 130
235	235	transferability or validity of such records. 131
236	236	11. Nothing in this section shall be construed to 132
237	237	alter the standards for suspension, denial, or revocation of 133
238	238	a certificate issued pursuant to this chapter. 134
239	239	12. The state board of education may promulgate rules 135
240	240	for criminal history background checks made pursuant to this 136
241	241	section. Any rule or portion of a rule, as that term is 137
242	242	defined in section 536.010, that is created under the 138
243	243	authority delegated in this section shall become effective 139
244	244	only if it complies with and is subject to all of the 140
245	245	provisions of chapter 536 and, if applicable, section 141
246	246	536.028. This section and chapter 536 are nonseverable and 142
247	247	if any of the powers vested with the general assembly 143
248	248	pursuant to chapter 536 to review, to delay the effective 144
249	249	date, or to disapprove and annul a rule are subsequently 145
250	250	held unconstitutional, then the grant of rulemaking 146
251	251	authority and any rule proposed or adopted after January 1, 147
252	252	2005, shall be invalid and void. 148
253	253	190.053. 1. All members of the board of directors of 1
254	254	an ambulance district first elected on or after January 1, 2
255	255	2008, shall attend and complete an educational seminar or 3
256	256	conference or other suitable training on the role and duties 4
257	257	of a board member of an ambulance district. The training 5
258	258	required under this section shall be offered by a statewide 6
259	259	association organized for the benefit of ambulance districts 7 SB 143 9
260	260	or be approved by the state advisory council on emergency 8
261	261	medical services. Such training shall include, at a minimum: 9
262	262	(1) Information relating to the roles and duties of an 10
263	263	ambulance district director; 11
264	264	(2) A review of all state statutes and regulations 12
265	265	relevant to ambulance districts; 13
266	266	(3) State ethics laws; 14
267	267	(4) State sunshine laws, chapter 610; 15
268	268	(5) Financial and fiduciary responsibility; 16
269	269	(6) State laws relating to the setting of tax rates; 17
270	270	and 18
271	271	(7) State laws relating to revenue limitations. 19
272	272	2. [If any ambulance district board member fails to 20
273	273	attend a training session within twelve months after taking 21
274	274	office, the board member shall not be compensated for 22
275	275	attendance at meetings thereafter until the board member has 23
276	276	completed such training session. If any ambulance district 24
277	277	board member fails to attend a training session within 25
278	278	twelve months of taking office regardless of whether the 26
279	279	board member received an attendance fee for a training 27
280	280	session, the board member shall be ineligible to run for 28
281	281	reelection for another term of office until the board member 29
282	282	satisfies the training requirement of this section; however, 30
283	283	this requirement shall only apply to board members elected 31
284	284	after August 28, 2022] All members of the board of directors 32
285	285	of an ambulance district shall complete three hours of 33
286	286	continuing education for each term of office. The 34
287	287	continuing education shall be offered by a statewide 35
288	288	association organized for the benefit of ambulance districts 36
289	289	or be approved by the state advisory council on emergency 37
290	290	medical services. 38 SB 143 10
291	291	3. Any ambulance district board member who fails to 39
292	292	complete the initial training and continuing education 40
293	293	requirements on or before the anniversary date of his or her 41
294	294	election or appointment shall immediately be disqualified 42
295	295	from office and his or her position shall be vacant without 43
296	296	further process or declaration. The vacancy shall be filled 44
297	297	in the manner provided for pursuant to section 190.052. 45
298	298	190.076. Each ambulance district shall arrange for an 1
299	299	audit of the records and accounts of the district at least 2
300	300	every three years by a certified public accountant or firm 3
301	301	of certified public accountants. The audit shall be made 4
302	302	available to the public on the district's website or 5
303	303	otherwise freely available by other electronic means. 6
304	304	190.098. 1. In order for a person to be eligible for 1
305	305	certification by the department as a community paramedic, an 2
306	306	individual shall: 3
307	307	(1) Be currently [certified] licensed as a paramedic; 4
308	308	(2) Successfully complete or have successfully 5
309	309	completed a community paramedic certification program from a 6
310	310	college, university, or educational institution that has 7
311	311	been approved by the department or accredited by a national 8
312	312	accreditation organization approved by the department; and 9
313	313	(3) Complete an application form approved by the 10
314	314	department. 11
315	315	2. [A community paramedic shall practice in accordance 12
316	316	with protocols and supervisory standards established by the 13
317	317	medical director. A community paramedic shall provide 14
318	318	services of a health care plan if the plan has been 15
319	319	developed by the patient's physician or by an advanced 16
320	320	practice registered nurse through a collaborative practice 17
321	321	arrangement with a physician or a physician assistant 18
322	322	through a collaborative practice arrangement with a 19 SB 143 11
323	323	physician and there is no duplication of services to the 20
324	324	patient from another provider. 21
325	325	3. Any ambulance service shall enter into a written 22
326	326	contract to provide community paramedic services in another 23
327	327	ambulance service area, as that term is defined in section 24
328	328	190.100. The contract that is agreed upon may be for an 25
329	329	indefinite period of time, as long as it includes at least a 26
330	330	sixty-day cancellation notice by either ambulance service.] 27
331	331	As used in this section, the term "community paramedic 28
332	332	services" shall mean services provided by any entity that 29
333	333	employs licensed paramedics who are certified by the 30
334	334	department as community paramedics for services that are: 31
335	335	(1) Provided in a nonemergent setting that is 32
336	336	independent of an emergency telephone service, 911 system, 33
337	337	or emergency summons; 34
338	338	(2) Consistent with the training and education 35
339	339	requirements described in subdivision (2) of subsection 1 of 36
340	340	this section, the scope of skill and practice for community 37
341	341	paramedics, and the supervisory standard approved by the 38
342	342	entity's medical director; and 39
343	343	(3) Reflected and documented in the entity's medical 40
344	344	director-approved patient care plans or protocols in 41
345	345	accordance with the provisions of section 190.142. 42
346	346	3. (1) Any ambulance service that seeks to provide 43
347	347	community paramedic services outside of the ambulance 44
348	348	service's service area: 45
349	349	(a) Shall have a memorandum of understanding (MOU) 46
350	350	regarding the provision of such services with the ambulance 47
351	351	service in that service area if that ambulance service is 48
352	352	already providing community paramedic services; or 49
353	353	(b) Shall not be required to have an MOU with the 50
354	354	ambulance service in that service area if that ambulance 51 SB 143 12
355	355	service is not already providing community paramedic 52
356	356	services, provided that the ambulance service seeking to 53
357	357	provide such services shall provide notification to the 54
358	358	other ambulance service of the community paramedic services 55
359	359	to be provided. 56
360	360	(2) Any emergency medical response agency (EMRA) that 57
361	361	seeks to provide community paramedic services within its 58
362	362	designated response service area may do so if the ground 59
363	363	ambulance service area within which the EMRA operates does 60
364	364	not already provide such services. If the ground ambulance 61
365	365	service does provide community paramedic services, then the 62
366	366	ground ambulance service may enter into an MOU with the EMRA 63
367	367	in order to coordinate programs and avoid service 64
368	368	duplication. If the EMRA provides community paramedic 65
369	369	services in the ground ambulance service's service area 66
370	370	prior to the provision of such services by the ground 67
371	371	ambulance service, then the EMRA and the ground ambulance 68
372	372	service shall enter into an MOU for the coordination of 69
373	373	services. 70
374	374	(3) Any community paramedic program shall notify the 71
375	375	appropriate local ambulance service when providing services 72
376	376	within the service area of an ambulance service. 73
377	377	(4) The department shall promulgate rules and 74
378	378	regulations for the purpose of recognizing which community 75
379	379	paramedic services entities have met the standards necessary 76
380	380	to provide community paramedic services, including, but not 77
381	381	limited to, physician medical oversight, training, patient 78
382	382	record retention, formal relationships with primary care 79
383	383	services as needed, and quality improvement policies. 80
384	384	Community paramedic services entities shall be certified by 81
385	385	the department, allowing such entities to provide community 82
386	386	paramedic services for a period of five years. 83 SB 143 13
387	387	4. A community paramedic is subject to the provisions 84
388	388	of sections 190.001 to 190.245 and rules promulgated under 85
389	389	sections 190.001 to 190.245. 86
390	390	5. No person shall hold himself or herself out as a 87
391	391	community paramedic or provide the services of a community 88
392	392	paramedic unless such person is certified by the department. 89
393	393	6. The medical director shall approve the 90
394	394	implementation of the community paramedic program. 91
395	395	7. Any rule or portion of a rule, as that term is 92
396	396	defined in section 536.010, that is created under the 93
397	397	authority delegated in this section shall become effective 94
398	398	only if it complies with and is subject to all of the 95
399	399	provisions of chapter 536 and, if applicable, section 96
400	400	536.028. This section and chapter 536 are nonseverable and 97
401	401	if any of the powers vested with the general assembly 98
402	402	pursuant to chapter 536 to review, to delay the effective 99
403	403	date, or to disapprove and annul a rule are subsequently 100
404	404	held unconstitutional, then the grant of rulemaking 101
405	405	authority and any rule proposed or adopted after August 28, 102
406	406	2013, shall be invalid and void. 103
407	407	190.101. 1. There is hereby established a "State 1
408	408	Advisory Council on Emergency Medical Services" which shall 2
409	409	consist of [sixteen] no more than twenty-three members[, one 3
410	410	of which shall be a resident of a city not within a 4
411	411	county]. The members of the council shall be appointed [by 5
412	412	the governor with the advice and consent of the senate] 6
413	413	pursuant to subsection 2 of this subsection and shall serve 7
414	414	terms of four years. The [governor shall designate one of 8
415	415	the members as chairperson] council members shall annually 9
416	416	select a chairperson, along with other officers as the 10
417	417	council deems necessary. The chairperson may appoint 11
418	418	subcommittees that include noncouncil members. 12 SB 143 14
419	419	2. Council members shall be appointed as follows: 13
420	420	(1) The director of the department of health and 14
421	421	senior services shall make appointments to the council from 15
422	422	the recommendations provided by the following: 16
423	423	(a) The statewide professional association 17
424	424	representing ambulance service managers; 18
425	425	(b) The statewide professional association 19
426	426	representing EMT's and paramedics; 20
427	427	(c) The statewide professional association 21
428	428	representing ambulance districts; 22
429	429	(d) The statewide professional association 23
430	430	representing fire chiefs; 24
431	431	(e) The statewide professional association 25
432	432	representing fire protection districts; 26
433	433	(f) The statewide professional association 27
434	434	representing firefighters; 28
435	435	(g) The statewide professional association 29
436	436	representing emergency nurses; 30
437	437	(h) The statewide professional association 31
438	438	representing the air ambulance industry; 32
439	439	(i) The statewide professional association 33
440	440	representing emergency medicine physicians; 34
441	441	(j) The statewide association representing hospitals; 35
442	442	and 36
443	443	(k) The statewide association representing pediatric 37
444	444	emergency professionals; 38
445	445	(2) The director of health and senior services shall 39
446	446	appoint a member to the council with a background in mobile 40
447	447	integrated healthcare-community paramedicine (MIH-CP); 41
448	448	(3) Each regional EMS advisory committee shall appoint 42
449	449	one member; and 43 SB 143 15
450	450	(4) The time-critical diagnosis advisory committee 44
451	451	established under section 190.257 shall appoint one member. 45
452	452	3. The state EMS medical directors advisory committee 46
453	453	and the regional EMS advisory committees will be recognized 47
454	454	as subcommittees of the state advisory council on emergency 48
455	455	medical services. 49
456	456	[3.] 4. The council shall have geographical 50
457	457	representation and representation from appropriate areas of 51
458	458	expertise in emergency medical services including 52
459	459	volunteers, professional organizations involved in emergency 53
460	460	medical services, EMT's, paramedics, nurses, firefighters, 54
461	461	physicians, ambulance service administrators, hospital 55
462	462	administrators and other health care providers concerned 56
463	463	with emergency medical services. [The regional EMS advisory 57
464	464	committees shall serve as a resource for the identification 58
465	465	of potential members of the state advisory council on 59
466	466	emergency medical services. 60
467	467	4.] 5. The state EMS medical director, as described 61
468	468	under section 190.103, shall serve as an ex officio member 62
469	469	of the council. 63
470	470	[5.] 6. The members of the council and subcommittees 64
471	471	shall serve without compensation except that members of the 65
472	472	council shall, subject to appropriations, be reimbursed for 66
473	473	reasonable travel expenses and meeting expenses related to 67
474	474	the functions of the council. 68
475	475	[6.] 7. The purpose of the council is to make 69
476	476	recommendations to the governor, the general assembly, and 70
477	477	the department on policies, plans, procedures and proposed 71
478	478	regulations on how to improve the statewide emergency 72
479	479	medical services system. The council shall advise the 73
480	480	governor, the general assembly, and the department on all 74
481	481	aspects of the emergency medical services system. 75 SB 143 16
482	482	[7.] 8. (1) There is hereby established a standing 76
483	483	subcommittee of the council to monitor the implementation of 77
484	484	the recognition of the EMS personnel licensure interstate 78
485	485	compact under sections 190.900 to 190.939, the interstate 79
486	486	commission for EMS personnel practice, and the involvement 80
487	487	of the state of Missouri. The subcommittee shall meet at 81
488	488	least biannually and receive reports from the Missouri 82
489	489	delegate to the interstate commission for EMS personnel 83
490	490	practice. The subcommittee shall consist of at least seven 84
491	491	members appointed by the chair of the council, to include at 85
492	492	least two members as recommended by the Missouri state 86
493	493	council of firefighters and one member as recommended by the 87
494	494	Missouri Association of Fire Chiefs. The subcommittee may 88
495	495	submit reports and recommendations to the council, the 89
496	496	department of health and senior services, the general 90
497	497	assembly, and the governor regarding the participation of 91
498	498	Missouri with the recognition of the EMS personnel licensure 92
499	499	interstate compact. 93
500	500	(2) The subcommittee shall formally request a public 94
501	501	hearing for any rule proposed by the interstate commission 95
502	502	for EMS personnel practice in accordance with subsection 7 96
503	503	of section 190.930. The hearing request shall include the 97
504	504	request that the hearing be presented live through the 98
505	505	internet. The Missouri delegate to the interstate 99
506	506	commission for EMS personnel practice shall be responsible 100
507	507	for ensuring that all hearings, notices of, and related 101
508	508	rulemaking communications as required by the compact be 102
509	509	communicated to the council and emergency medical services 103
510	510	personnel under the provisions of subsections 4, 5, 6, and 8 104
511	511	of section 190.930. 105
512	512	(3) The department of health and senior services shall 106
513	513	not establish or increase fees for Missouri emergency 107 SB 143 17
514	514	medical services personnel licensure in accordance with this 108
515	515	chapter for the purpose of creating the funds necessary for 109
516	516	payment of an annual assessment under subdivision (3) of 110
517	517	subsection 5 of section 190.924. 111
518	518	[8.] 9. The council shall consult with the time- 112
519	519	critical diagnosis advisory committee, as described under 113
520	520	section 190.257, regarding time-critical diagnosis. 114
521	521	190.109. 1. The department shall, within a reasonable 1
522	522	time after receipt of an application, cause such 2
523	523	investigation as the department deems necessary to be made 3
524	524	of the applicant for a ground ambulance license. 4
525	525	2. Any person that owned and operated a licensed 5
526	526	ambulance on December 31, 1997, shall receive an ambulance 6
527	527	service license from the department, unless suspended, 7
528	528	revoked or terminated, for that ambulance service area which 8
529	529	was, on December 31, 1997, described and filed with the 9
530	530	department as the primary service area for its licensed 10
531	531	ambulances on August 28, 1998, provided that the person 11
532	532	makes application and adheres to the rules and regulations 12
533	533	promulgated by the department pursuant to sections 190.001 13
534	534	to 190.245. 14
535	535	3. The department shall issue a new ground ambulance 15
536	536	service license to an ambulance service that is not 16
537	537	currently licensed by the department, or is currently 17
538	538	licensed by the department and is seeking to expand its 18
539	539	ambulance service area, except as provided in subsection 4 19
540	540	of this section, to be valid for a period of five years, 20
541	541	unless suspended, revoked or terminated, when the director 21
542	542	finds that the applicant meets the requirements of ambulance 22
543	543	service licensure established pursuant to sections 190.100 23
544	544	to 190.245 and the rules adopted by the department pursuant 24
545	545	to sections 190.001 to 190.245. In order to be considered 25 SB 143 18
546	546	for a new ambulance service license, an ambulance service 26
547	547	shall submit to the department a letter of endorsement from 27
548	548	each ambulance district or fire protection district that is 28
549	549	authorized to provide ambulance service, or from each 29
550	550	municipality not within an ambulance district or fire 30
551	551	protection district that is authorized to provide ambulance 31
552	552	service, in which the ambulance service proposes to operate. 32
553	553	If an ambulance service proposes to operate in 33
554	554	unincorporated portions of a county not within an ambulance 34
555	555	district or fire protection district that is authorized to 35
556	556	provide ambulance service, in order to be considered for a 36
557	557	new ambulance service license, the ambulance service shall 37
558	558	submit to the department a letter of endorsement from the 38
559	559	county. Any letter of endorsement required pursuant to this 39
560	560	section shall verify that the political subdivision has 40
561	561	conducted a public hearing regarding the endorsement and 41
562	562	that the governing body of the political subdivision has 42
563	563	adopted a resolution approving the endorsement. The letter 43
564	564	of endorsement shall affirmatively state that the proposed 44
565	565	ambulance service: 45
566	566	(1) Will provide a benefit to public health that 46
567	567	outweighs the associated costs; 47
568	568	(2) Will maintain or enhance the public's access to 48
569	569	ambulance services; 49
570	570	(3) Will maintain or improve the public health and 50
571	571	promote the continued development of the regional emergency 51
572	572	medical service system; 52
573	573	(4) Has demonstrated the appropriate expertise in the 53
574	574	operation of ambulance services; and 54
575	575	(5) Has demonstrated the financial resources necessary 55
576	576	for the operation of the proposed ambulance service. 56 SB 143 19
577	577	4. A contract between a political subdivision and a 57
578	578	licensed ambulance service for the provision of ambulance 58
579	579	services for that political subdivision shall expand, 59
580	580	without further action by the department, the ambulance 60
581	581	service area of the licensed ambulance service to include 61
582	582	the jurisdictional boundaries of the political subdivision. 62
583	583	The termination of the aforementioned contract shall result 63
584	584	in a reduction of the licensed ambulance service's ambulance 64
585	585	service area by removing the geographic area of the 65
586	586	political subdivision from its ambulance service area, 66
587	587	except that licensed ambulance service providers may provide 67
588	588	ambulance services as are needed at and around the state 68
589	589	fair grounds for protection of attendees at the state fair. 69
590	590	5. The department shall renew a ground ambulance 70
591	591	service license if the applicant meets the requirements 71
592	592	established pursuant to sections 190.001 to 190.245, and the 72
593	593	rules adopted by the department pursuant to sections 190.001 73
594	594	to 190.245. 74
595	595	6. The department shall promulgate rules relating to 75
596	596	the requirements for a ground ambulance service license 76
597	597	including, but not limited to: 77
598	598	(1) Vehicle design, specification, operation and 78
599	599	maintenance standards; 79
600	600	(2) Equipment requirements; 80
601	601	(3) Staffing requirements; 81
602	602	(4) Five-year license renewal; 82
603	603	(5) Records and forms; 83
604	604	(6) Medical control plans; 84
605	605	(7) Medical director qualifications; 85
606	606	(8) Standards for medical communications; 86
607	607	(9) Memorandums of understanding with emergency 87
608	608	medical response agencies that provide advanced life support; 88 SB 143 20
609	609	(10) Quality improvement committees; [and] 89
610	610	(11) Response time, patient care and transportation 90
611	611	standards; 91
612	612	(12) Participation with regional emergency medical 92
613	613	services advisory committees; and 93
614	614	(13) Ambulance service administrator qualifications. 94
615	615	7. Application for a ground ambulance service license 95
616	616	shall be made upon such forms as prescribed by the 96
617	617	department in rules adopted pursuant to sections 190.001 to 97
618	618	190.245. The application form shall contain such 98
619	619	information as the department deems necessary to make a 99
620	620	determination as to whether the ground ambulance service 100
621	621	meets all the requirements of sections 190.001 to 190.245 101
622	622	and rules promulgated pursuant to sections 190.001 to 102
623	623	190.245. 103
624	624	190.112. 1. Each ambulance service licensed under 1
625	625	this chapter shall identify to the department the individual 2
626	626	serving as the ambulance service administrator who is 3
627	627	responsible for the operations and staffing of the ambulance 4
628	628	service. The ambulance service administrator shall be 5
629	629	required to have achieved basic training of at least forty 6
630	630	hours regarding the operations of an ambulance service and 7
631	631	two hours of annual continuing education. The training 8
632	632	required under this section shall be offered by a statewide 9
633	633	association organized for the benefit of ambulance districts 10
634	634	or be approved by the state advisory council on emergency 11
635	635	medical services and shall include the following: 12
636	636	(1) Basic principles of accounting and economics; 13
637	637	(2) State and federal laws applicable to ambulance 14
638	638	services; 15
639	639	(3) Regulatory requirements applicable to ambulance 16
640	640	services; 17 SB 143 21
641	641	(4) Human resources management and laws; 18
642	642	(5) Grant writing, contracts, and fundraising; 19
643	643	(6) State sunshine laws in chapter 610, as well as 20
644	644	applicable ethics requirements; and 21
645	645	(7) Volunteer and community involvement. 22
646	646	2. Ambulance service administrators serving in this 23
647	647	capacity as of August 28, 2025, shall have until January 1, 24
648	648	2027, to demonstrate compliance with the provisions of this 25
649	649	section. 26
650	650	190.166. 1. In addition to the provisions of section 1
651	651	190.165, the department of health and senior services may 2
652	652	refuse to issue, deny renewal of, or suspend a license 3
653	653	required pursuant to section 190.109, or take other 4
654	654	corrective actions as described in this section, based on 5
655	655	the following considerations: 6
656	656	(1) The license holder is determined to be financially 7
657	657	insolvent; 8
658	658	(2) The ambulance service has inadequate personnel, 9
659	659	vehicles, or equipment to operate the ambulance service to 10
660	660	provide basic emergency operations. Ambulance services 11
661	661	shall provide the quantity of ambulance vehicles, medical 12
662	662	supplies, and personnel to meet the emergency call volume 13
663	663	which can be reasonably anticipated for their ambulance 14
664	664	service area. Ambulance services shall not rely on mutual 15
665	665	aid to such an extent that it impairs the ability of another 16
666	666	ambulance service to provide service to its own ambulance 17
667	667	service area. Small ambulance services with lower emergency 18
668	668	call volumes shall have a minimum of one ambulance unit 19
669	669	staffed with at least two licensed emergency medical 20
670	670	technicians twenty-four hours each day, seven days each week 21
671	671	and either a second ambulance unit available for emergency 22
672	672	calls if the main ambulance unit is out on a call or 23 SB 143 22
673	673	otherwise unavailable or the smaller ambulance service shall 24
674	674	have a written agreement with another licensed ambulance 25
675	675	service to send an ambulance unit on emergency calls when 26
676	676	the main ambulance unit is out on a call or otherwise 27
677	677	unavailable; 28
678	678	(3) The ambulance service requires an inordinate 29
679	679	amount of mutual aid from neighboring services, such as more 30
680	680	than ten percent of the total runs in the service area in 31
681	681	any given month, or than would be considered prudent and 32
682	682	thus cannot provide an appropriate level of emergency 33
683	683	response for the service area as would be considered prudent 34
684	684	by the typical ground ambulance services operator; 35
685	685	(4) The principal manager, board members, or other 36
686	686	executives are determined to be criminally liable for 37
687	687	actions related to the license or service provided; 38
688	688	(5) The license holder or principal manager, board 39
689	689	members, or other executives are determined by the Centers 40
690	690	for Medicare and Medicaid Services to be ineligible for 41
691	691	participation in Medicare; 42
692	692	(6) The license holder or principal manager, board 43
693	693	members, or other executives are determined by the MO 44
694	694	HealthNet division to be ineligible for participation in MO 45
695	695	HealthNet; 46
696	696	(7) The ambulance service administrator has failed to 47
697	697	meet the required qualifications or failed to complete the 48
698	698	training required pursuant to section 190.112; and 49
699	699	(8) Three or more board members have failed to 50
700	700	complete required training pursuant to section 190.053 if 51
701	701	the ambulance service is an ambulance district. 52
702	702	2. If the department makes a determination of 53
703	703	insolvency or insufficiency of operations of a license 54
704	704	holder under subsection 1 of this section, then the 55 SB 143 23
705	705	department may require the license holder to submit a 56
706	706	corrective plan within fifteen days and require 57
707	707	implementation of the corrective plan within thirty days. 58
708	708	3. The department shall be required to provide notice 59
709	709	of any determination by the department of insolvency or 60
710	710	insufficiency of operations of a license holder to other 61
711	711	license holders operating in the license holder's vicinity, 62
712	712	members of the general assembly who represent the license 63
713	713	holder's service area, the governing officials of any county 64
714	714	or municipal entity in the license holder's service area, 65
715	715	the appropriate regional emergency medical services advisory 66
716	716	committee, and the state advisory council on emergency 67
717	717	medical services. 68
718	718	4. Upon taking any disciplinary action under this 69
719	719	section or section 190.165, the department shall immediately 70
720	720	engage with other license holders in the affected area. The 71
721	721	holder of a provisional or suspended license may enter into 72
722	722	an agreement with other license holders to provide services 73
723	723	to the affected area. Such agreement may be in the form of 74
724	724	an agreement to provide services, a joint powers agreement, 75
725	725	formal consideration, or payment for services rendered. If 76
726	726	there is any conflict between which license holder will 77
727	727	provide service to the affected area, or if there is no 78
728	728	license holder willing to provide service to the affected 79
729	729	area, then the department may request the administrative 80
730	730	hearing commission during a disciplinary action to appoint a 81
731	731	licensed ambulance service to operate the ambulance service 82
732	732	on a short-term basis during the pendency of the 83
733	733	disciplinary action. The administrative hearing commission 84
734	734	may order a licensed ambulance service to operate the 85
735	735	ambulance service area during the pendency of the 86
736	736	disciplinary action, which may include receiving any fees or 87 SB 143 24
737	737	payment for services rendered from the license holder that 88
738	738	is involved in the disciplinary action. If the license 89
739	739	holder involved in the disciplinary action is suspended or 90
740	740	revoked, the administrative hearing commission shall ensure 91
741	741	there is a licensed ambulance service to operate the 92
742	742	affected ambulance service area directly after the 93
743	743	suspension or revocation and approve of this licensed 94
744	744	ambulance service to operate the affected ambulance service 95
745	745	area directly after the suspension or revocation. The 96
746	746	licensed ambulance service authorized by the administrative 97
747	747	hearing commission to operate the affected service area 98
748	748	shall be included in the administrative hearing commission's 99
749	749	suspension or revocation decision. 100
750	750	5. Any license holder who provides assistance in the 101
751	751	service area of another license holder whose license has 102
752	752	been suspended under this section shall have the right to 103
753	753	seek reasonable compensation from the license holder whose 104
754	754	license to operate has been suspended for all calls, stand- 105
755	755	by time, and responses to medical emergencies during such 106
756	756	time as the license remains suspended. The reasonable 107
757	757	compensation shall not be limited to those expenses incurred 108
758	758	in actual responses, but may also include reasonable 109
759	759	expenses to maintain ambulance service, including, but not 110
760	760	limited to, the daily operation costs of maintaining the 111
761	761	service, personnel wages and benefits, equipment purchases 112
762	762	and maintenance, and other costs incurred in the operation 113
763	763	of a ground ambulance service. The license holder providing 114
764	764	assistance shall be entitled to an award of costs and 115
765	765	reasonable attorney fees in any action to enforce the 116
766	766	provisions of this subsection. 117
767	767	195.417. 1. The limits specified in this section 1
768	768	shall not apply to any quantity of such product, mixture, or 2 SB 143 25
769	769	preparation which must be dispensed, sold, or distributed in 3
770	770	a pharmacy pursuant to a valid prescription. 4
771	771	2. Within any thirty-day period, no person shall sell, 5
772	772	dispense, or otherwise provide to the same individual, and 6
773	773	no person shall purchase, receive, or otherwise acquire more 7
774	774	than the following amount: any number of packages of any 8
775	775	drug product containing any detectable amount of ephedrine, 9
776	776	phenylpropanolamine, or pseudoephedrine, or any of their 10
777	777	salts or optical isomers, or salts of optical isomers, 11
778	778	either as: 12
779	779	(1) The sole active ingredient; or 13
780	780	(2) One of the active ingredients of a combination 14
781	781	drug; or 15
782	782	(3) A combination of any of the products specified in 16
783	783	subdivisions (1) and (2) of this subsection; 17
784	784	in any total amount greater than seven and two-tenths grams, 18
785	785	without regard to the number of transactions. 19
786	786	3. Within any twenty-four-hour period, no pharmacist, 20
787	787	intern pharmacist, or registered pharmacy technician shall 21
788	788	sell, dispense, or otherwise provide to the same individual, 22
789	789	and no person shall purchase, receive, or otherwise acquire 23
790	790	more than the following amount: any number of packages of 24
791	791	any drug product containing any detectable amount of 25
792	792	ephedrine, phenylpropanolamine, or pseudoephedrine, or any 26
793	793	of their salts or optical isomers, or salts of optical 27
794	794	isomers, either as: 28
795	795	(1) The sole active ingredient; or 29
796	796	(2) One of the active ingredients of a combination 30
797	797	drug; or 31
798	798	(3) A combination of any of the products specified in 32
799	799	subdivisions (1) and (2) of this subsection; 33 SB 143 26
800	800	in any total amount greater than three and six-tenths grams 34
801	801	without regard to the number of transactions. 35
802	802	4. Within any twelve-month period, no person shall 36
803	803	sell, dispense, or otherwise provide to the same individual, 37
804	804	and no person shall purchase, receive, or otherwise acquire 38
805	805	more than the following amount: any number of packages of 39
806	806	any drug product containing any detectable amount of 40
807	807	ephedrine, phenylpropanolamine, or pseudoephedrine, or any 41
808	808	of their salts or optical isomers, or salts of optical 42
809	809	isomers, either as: 43
810	810	(1) The sole active ingredient; or 44
811	811	(2) One of the active ingredients of a combination 45
812	812	drug; or 46
813	813	(3) A combination of any of the products specified in 47
814	814	subdivisions (1) and (2) of this subsection; 48
815	815	in any total amount greater than [forty-three] sixty-one and 49
816	816	two-tenths grams, without regard to the number of 50
817	817	transactions. 51
818	818	5. All packages of any compound, mixture, or 52
819	819	preparation containing any detectable quantity of ephedrine, 53
820	820	phenylpropanolamine, or pseudoephedrine, or any of their 54
821	821	salts or optical isomers, or salts of optical isomers, 55
822	822	except those that are excluded from Schedule V in subsection 56
823	823	17 or 18 of section 195.017, shall be offered for sale only 57
824	824	from behind a pharmacy counter where the public is not 58
825	825	permitted, and only by a registered pharmacist or registered 59
826	826	pharmacy technician under section 195.017. 60
827	827	6. Each pharmacy shall submit information regarding 61
828	828	sales of any compound, mixture, or preparation as specified 62
829	829	in this section in accordance with transmission methods and 63
830	830	frequency established by the department by regulation. 64 SB 143 27
831	831	7. No prescription shall be required for the 65
832	832	dispensation, sale, or distribution of any drug product 66
833	833	containing any detectable amount of ephedrine, 67
834	834	phenylpropanolamine, or pseudoephedrine, or any of their 68
835	835	salts or optical isomers, or salts of optical isomers, in an 69
836	836	amount within the limits described in subsections 2, 3, and 70
837	837	4 of this section. The superintendent of the Missouri state 71
838	838	highway patrol shall report to the revisor of statutes and 72
839	839	the general assembly by February first when the statewide 73
840	840	number of methamphetamine laboratory seizure incidents 74
841	841	exceeds three hundred incidents in the previous calendar 75
842	842	year. The provisions of this subsection shall expire on 76
843	843	April first of the calendar year in which the revisor of 77
844	844	statutes receives such notification. 78
845	845	8. This section shall supersede and preempt any local 79
846	846	ordinances or regulations, including any ordinances or 80
847	847	regulations enacted by any political subdivision of the 81
848	848	state. This section shall not apply to the sale of any 82
849	849	animal feed products containing ephedrine or any naturally 83
850	850	occurring or herbal ephedra or extract of ephedra. 84
851	851	9. Any local ordinances or regulations enacted by any 85
852	852	political subdivision of the state prior to August 28, 2020, 86
853	853	requiring a prescription for the dispensation, sale, or 87
854	854	distribution of any drug product containing any detectable 88
855	855	amount of ephedrine, phenylpropanolamine, or 89
856	856	pseudoephedrine, or any of their salts or optical isomers, 90
857	857	or salts of optical isomers, in an amount within the limits 91
858	858	described in subsections 2, 3, and 4 of this section shall 92
859	859	be void and of no effect and no such political subdivision 93
860	860	shall maintain or enforce such ordinance or regulation. 94
861	861	10. All logs, records, documents, and electronic 95
862	862	information maintained for the dispensing of these products 96 SB 143 28
863	863	shall be open for inspection and copying by municipal, 97
864	864	county, and state or federal law enforcement officers whose 98
865	865	duty it is to enforce the controlled substances laws of this 99
866	866	state or the United States. 100
867	867	11. All persons who dispense or offer for sale 101
868	868	pseudoephedrine and ephedrine products, except those that 102
869	869	are excluded from Schedule V in subsection 17 or 18 of 103
870	870	section 195.017, shall ensure that all such products are 104
871	871	located only behind a pharmacy counter where the public is 105
872	872	not permitted. 106
873	873	12. The penalty for a knowing or reckless violation of 107
874	874	this section is found in section 579.060. 108
875	875	197.135. 1. Beginning January 1, 2023, or no later 1
876	876	than six months after the establishment of the statewide 2
877	877	telehealth network under section 192.2520, whichever is 3
878	878	later, any hospital licensed under this chapter shall 4
879	879	perform a forensic examination using an evidentiary 5
880	880	collection kit upon the request and consent of the victim of 6
881	881	a sexual offense, or the victim's guardian, when the victim 7
882	882	is at least fourteen years of age. In the case of minor 8
883	883	consent, the provisions of subsection 2 of section 595.220 9
884	884	shall apply. Victims under fourteen years of age shall be 10
885	885	referred, and victims fourteen years of age or older but 11
886	886	less than eighteen years of age may be referred, to a SAFE 12
887	887	CARE provider, as such term is defined in section 334.950, 13
888	888	for medical or forensic evaluation and case review. Nothing 14
889	889	in this section shall be interpreted to preclude a hospital 15
890	890	from performing a forensic examination for a victim under 16
891	891	fourteen years of age upon the request and consent of the 17
892	892	victim or victim's guardian, subject to the provisions of 18
893	893	section 595.220 and the rules promulgated by the department 19
894	894	of public safety. 20 SB 143 29
895	895	2. (1) An appropriate medical provider, as such term 21
896	896	is defined in section 595.220, shall perform the forensic 22
897	897	examination of a victim of a sexual offense. The hospital 23
898	898	shall ensure that any provider performing the examination 24
899	899	has received training conducting such examinations that is, 25
900	900	at a minimum, equivalent to the training offered by the 26
901	901	statewide telehealth network under subsection 4 of section 27
902	902	192.2520. Nothing in this section shall require providers 28
903	903	to utilize the training offered by the statewide telehealth 29
904	904	network, as long as the training utilized is, at a minimum, 30
905	905	equivalent to the training offered by the statewide 31
906	906	telehealth network. 32
907	907	(2) If the provider is not a sexual assault nurse 33
908	908	examiner (SANE), or another similarly trained physician or 34
909	909	nurse, then the hospital shall utilize telehealth services 35
910	910	during the examination, such as those provided by the 36
911	911	statewide telehealth network, to provide guidance and 37
912	912	support through a SANE, or other similarly trained physician 38
913	913	or nurse, who may observe the live forensic examination and 39
914	914	who shall communicate with and support the onsite provider 40
915	915	with the examination, forensic evidence collection, and 41
916	916	proper transmission and storage of the examination evidence. 42
917	917	3. The department of health and senior services may 43
918	918	issue a waiver of the telehealth requirements of subsection 44
919	919	2 of this section if the hospital demonstrates to the 45
920	920	department, in writing, a technological hardship in 46
921	921	accessing telehealth services or a lack of access to 47
922	922	adequate broadband services sufficient to access telehealth 48
923	923	services. Such waivers shall be granted sparingly and for 49
924	924	no more than a year in length at a time, with the 50
925	925	opportunity for renewal at the department's discretion. 51 SB 143 30
926	926	4. The department shall waive the requirements of this 52
927	927	section if the statewide telehealth network established 53
928	928	under section 192.2520 ceases operation, the director of the 54
929	929	department of health and senior services has provided 55
930	930	written notice to hospitals licensed under this chapter that 56
931	931	the network has ceased operation, and the hospital cannot, 57
932	932	in good faith, comply with the requirements of this section 58
933	933	without assistance or resources of the statewide telehealth 59
934	934	network. Such waiver shall remain in effect until such time 60
935	935	as the statewide telehealth network resumes operation or 61
936	936	until the hospital is able to demonstrate compliance with 62
937	937	the provisions of this section without the assistance or 63
938	938	resources of the statewide telehealth network. 64
939	939	5. The provisions of section 595.220 shall apply to 65
940	940	the reimbursement of the reasonable costs of the 66
941	941	examinations and the provision of the evidentiary collection 67
942	942	kits. 68
943	943	6. No individual hospital shall be required to comply 69
944	944	with the provisions of this section and section 192.2520 70
945	945	unless and until the department provides such hospital with 71
946	946	access to the statewide telehealth network for the purposes 72
947	947	of mentoring and training services required under section 73
948	948	192.2520 without charge to the hospital. 74
949	949	7. A specialty hospital shall be considered exempt 75
950	950	from the provisions of this section and section 192.2520 if 76
951	951	such hospital has a policy for the transfer of a victim of a 77
952	952	sexual offense to an appropriate hospital with an emergency 78
953	953	department. As used in this section, "specialty hospital" 79
954	954	shall mean a hospital licensed under this chapter and 80
955	955	designated by the department as something other than a 81
956	956	general acute care hospital. 82 SB 143 31
957	957	198.022. 1. Upon receipt of an application for a 1
958	958	license to operate a facility, the department shall review 2
959	959	the application, investigate the applicant and the 3
960	960	statements sworn to in the application for license and 4
961	961	conduct any necessary inspections. A license shall be 5
962	962	issued if the following requirements are met: 6
963	963	(1) The statements in the application are true and 7
964	964	correct; 8
965	965	(2) The facility and the operator are in substantial 9
966	966	compliance with the provisions of sections 198.003 to 10
967	967	198.096 and the standards established thereunder; 11
968	968	(3) The applicant has the financial capacity to 12
969	969	operate the facility; 13
970	970	(4) The administrator of an assisted living facility, 14
971	971	a skilled nursing facility, or an intermediate care facility 15
972	972	is currently licensed under the provisions of chapter 344; 16
973	973	(5) Neither the operator nor any principals in the 17
974	974	operation of the facility have ever been convicted of a 18
975	975	felony offense concerning the operation of a long-term 19
976	976	health care facility or other health care facility or ever 20
977	977	knowingly acted or knowingly failed to perform any duty 21
978	978	which materially and adversely affected the health, safety, 22
979	979	welfare or property of a resident, while acting in a 23
980	980	management capacity. The operator of the facility or any 24
981	981	principal in the operation of the facility shall not be 25
982	982	under exclusion from participation in the Title XVIII 26
983	983	(Medicare) or Title XIX (Medicaid) program of any state or 27
984	984	territory; 28
985	985	(6) Neither the operator nor any principals involved 29
986	986	in the operation of the facility have ever been convicted of 30
987	987	a felony in any state or federal court arising out of 31 SB 143 32
988	988	conduct involving either management of a long-term care 32
989	989	facility or the provision or receipt of health care; 33
990	990	(7) All fees due to the state have been paid. 34
991	991	2. Upon denial of any application for a license, the 35
992	992	department shall so notify the applicant in writing, setting 36
993	993	forth therein the reasons and grounds for denial. 37
994	994	3. The department may inspect any facility and any 38
995	995	records and may make copies of records, at the facility, at 39
996	996	the department's own expense, required to be maintained by 40
997	997	sections 198.003 to 198.096 or by the rules and regulations 41
998	998	promulgated thereunder at any time if a license has been 42
999	999	issued to or an application for a license has been filed by 43
1000	1000	the operator of such facility. Copies of any records 44
1001	1001	requested by the department shall be prepared by the staff 45
1002	1002	of such facility within two business days or as determined 46
1003	1003	by the department. The department shall not remove or 47
1004	1004	disassemble any medical record during any inspection of the 48
1005	1005	facility, but may observe the photocopying or may make its 49
1006	1006	own copies if the facility does not have the technology to 50
1007	1007	make the copies. In accordance with the provisions of 51
1008	1008	section 198.525, the department shall make at least one 52
1009	1009	inspection per year, which shall be unannounced to the 53
1010	1010	operator. The department may make such other inspections, 54
1011	1011	announced or unannounced, as it deems necessary to carry out 55
1012	1012	the provisions of sections 198.003 to 198.136. 56
1013	1013	4. Whenever the department has reasonable grounds to 57
1014	1014	believe that a facility required to be licensed under 58
1015	1015	sections 198.003 to 198.096 is operating without a license, 59
1016	1016	and the department is not permitted access to inspect the 60
1017	1017	facility, or when a licensed operator refuses to permit 61
1018	1018	access to the department to inspect the facility, the 62
1019	1019	department shall apply to the circuit court of the county in 63 SB 143 33
1020	1020	which the premises is located for an order authorizing entry 64
1021	1021	for such inspection, and the court shall issue the order if 65
1022	1022	it finds reasonable grounds for inspection or if it finds 66
1023	1023	that a licensed operator has refused to permit the 67
1024	1024	department access to inspect the facility. 68
1025	1025	5. Whenever the department is inspecting a facility in 69
1026	1026	response to an application from an operator located outside 70
1027	1027	of Missouri not previously licensed by the department, the 71
1028	1028	department may request from the applicant the past five 72
1029	1029	years compliance history of all facilities owned by the 73
1030	1030	applicant located outside of this state. 74
1031	1031	6. If a licensee of a residential care facility or 75
1032	1032	assisted living facility is accredited by a recognized 76
1033	1033	accrediting entity, then the licensee may submit to the 77
1034	1034	department documentation of the licensee's current 78
1035	1035	accreditation status. If a licensee submits to the 79
1036	1036	department documentation from a recognized accrediting 80
1037	1037	entity that the licensee is in good standing, then the 81
1038	1038	department shall not conduct an annual onsite inspection of 82
1039	1039	the licensee. Nothing in this subsection shall preclude the 83
1040	1040	department from conducting inspections for violations of 84
1041	1041	standards or requirements contained within this chapter or 85
1042	1042	any other applicable law or regulation. As used in this 86
1043	1043	subsection, the term "recognized accrediting entity" shall 87
1044	1044	mean the Joint Commission or another nationally-recognized 88
1045	1045	accrediting entity approved by the department that has 89
1046	1046	specific residential care facility or assisted living 90
1047	1047	facility program standards equivalent to the standards 91
1048	1048	established by the department under this chapter. 92
1049	1049	210.109. 1. The children's division shall establish a 1
1050	1050	child protection system for the entire state. 2 SB 143 34
1051	1051	2. The child protection system shall promote the 3
1052	1052	safety of children and the integrity and preservation of 4
1053	1053	their families by conducting investigations or family 5
1054	1054	assessments and providing services in response to reports of 6
1055	1055	child abuse or neglect. The system shall coordinate 7
1056	1056	community resources and provide assistance or services to 8
1057	1057	children and families identified to be at risk, and to 9
1058	1058	prevent and remedy child abuse and neglect. 10
1059	1059	3. In addition to any duties specified in section 11
1060	1060	210.145, in implementing the child protection system, the 12
1061	1061	division shall: 13
1062	1062	(1) Maintain a central registry; 14
1063	1063	(2) Receive reports and establish and maintain an 15
1064	1064	information system operating at all times, capable of 16
1065	1065	receiving and maintaining reports; 17
1066	1066	(3) Attempt to obtain the name and address of any 18
1067	1067	person making a report in all cases, after obtaining 19
1068	1068	relevant information regarding the alleged abuse or neglect, 20
1069	1069	although reports may be made anonymously; except that, 21
1070	1070	reports by mandatory reporters under section 210.115, 22
1071	1071	including employees of the children's division, juvenile 23
1072	1072	officers, and school personnel shall not be made 24
1073	1073	anonymously, provided that the reporter shall be informed, 25
1074	1074	at the time of the report, that the reporter's name and any 26
1075	1075	other personally identifiable information shall be held as 27
1076	1076	confidential and shall not be made public as provided under 28
1077	1077	this section and section 211.319; 29
1078	1078	(4) Upon receipt of a report, check with the 30
1079	1079	information system to determine whether previous reports 31
1080	1080	have been made regarding actual or suspected abuse or 32
1081	1081	neglect of the subject child, of any siblings, and the 33 SB 143 35
1082	1082	perpetrator, and relevant dispositional information 34
1083	1083	regarding such previous reports; 35
1084	1084	(5) Provide protective or preventive services to the 36
1085	1085	family and child and to others in the home to prevent abuse 37
1086	1086	or neglect, to safeguard their health and welfare, and to 38
1087	1087	help preserve and stabilize the family whenever possible. 39
1088	1088	The juvenile court shall cooperate with the division in 40
1089	1089	providing such services; 41
1090	1090	(6) Collaborate with the community to identify 42
1091	1091	comprehensive local services and assure access to those 43
1092	1092	services for children and families where there is risk of 44
1093	1093	abuse or neglect; 45
1094	1094	(7) Maintain a record which contains the facts 46
1095	1095	ascertained which support the determination as well as the 47
1096	1096	facts that do not support the determination; 48
1097	1097	(8) Whenever available and appropriate, contract for 49
1098	1098	the provision of children's services through children's 50
1099	1099	services providers and agencies in the community; except 51
1100	1100	that the state shall be the sole provider of child abuse and 52
1101	1101	neglect hotline services, the initial child abuse and 53
1102	1102	neglect investigation, and the initial family assessment. 54
1103	1103	To assist in its child abuse and neglect investigation, the 55
1104	1104	division may contract for services designed to ascertain 56
1105	1105	child safety and provide preventative services; provided 57
1106	1106	that a contractor providing child safety services for a 58
1107	1107	child shall not also be a placement provider for that 59
1108	1108	child. The division shall attempt to seek input from child 60
1109	1109	welfare service providers in completing the initial family 61
1110	1110	assessment. In all legal proceedings involving children in 62
1111	1111	the custody of the division, the division shall be 63
1112	1112	represented in court by either division personnel or persons 64
1113	1113	with whom the division contracts with for such legal 65 SB 143 36
1114	1114	representation. All children's services providers and 66
1115	1115	agencies shall be subject to criminal background checks 67
1116	1116	pursuant to chapter 43 and shall submit names of all 68
1117	1117	employees to the family care safety registry; and 69
1118	1118	(9) Upon receipt of a report, attempt to ascertain 70
1119	1119	whether the suspected perpetrator or any person responsible 71
1120	1120	for the care, custody, and control of the subject child is a 72
1121	1121	member of any branch of the military, as defined under 73
1122	1122	section 40.005, or is a member of the Armed Forces, as 74
1123	1123	defined in section 41.030. 75
1124	1124	As used in this subsection, "report" includes any telephone 76
1125	1125	call made pursuant to section 210.145. 77
1126	1126	210.112. 1. It is the policy of this state and its 1
1127	1127	agencies to implement a foster care and child protection and 2
1128	1128	welfare system focused on providing the highest quality of 3
1129	1129	services and outcomes for children and their families. The 4
1130	1130	department of social services shall implement such system 5
1131	1131	subject to the following principles: 6
1132	1132	(1) The safety and welfare of children is paramount; 7
1133	1133	(2) All providers of direct services to children and 8
1134	1134	their families will be evaluated in a uniform, transparent, 9
1135	1135	objective, and consistent basis based on an evaluation tool 10
1136	1136	established in this section; 11
1137	1137	(3) Services to children and their families shall be 12
1138	1138	provided in a timely manner to maximize the opportunity for 13
1139	1139	successful outcomes, and such services shall be tracked and 14
1140	1140	routinely evaluated through a quality assurance program; 15
1141	1141	(4) Any provider of direct services to children and 16
1142	1142	families shall have the appropriate and relevant training, 17
1143	1143	education, and expertise to provide the highest quality of 18 SB 143 37
1144	1144	services possible which shall be consistent with federal and 19
1145	1145	state standards; 20
1146	1146	(5) Resources and efforts shall be committed to pursue 21
1147	1147	the best possible opportunity for a successful outcome for 22
1148	1148	each child. Successful outcomes may include preparing youth 23
1149	1149	for a productive and successful life as an adult outside the 24
1150	1150	foster care system, such as independent living. For those 25
1151	1151	providers that work with children requiring intensive twenty- 26
1152	1152	four-hour treatment services, successful outcomes shall be 27
1153	1153	based on the least restrictive alternative possible based on 28
1154	1154	the child's needs as well as the quality of care received; 29
1155	1155	and 30
1156	1156	(6) All service providers shall prioritize methods of 31
1157	1157	reducing or eliminating a child's need for residential 32
1158	1158	treatment through community-based services and supports. 33
1159	1159	2. (1) In conjunction with the response and 34
1160	1160	evaluation team established under subsection 3 of this 35
1161	1161	section, as well as other individuals the division deems 36
1162	1162	appropriate, the division shall establish an evaluation tool 37
1163	1163	that complies with state and federal guidelines. 38
1164	1164	(2) The evaluation tool shall include metrics 39
1165	1165	supporting best practices for case management and service 40
1166	1166	provision including, but not limited to, the frequency of 41
1167	1167	face-to-face visits with the child. 42
1168	1168	(3) There shall be a mechanism whereby providers may 43
1169	1169	propose different evaluation metrics on a case-by-case basis 44
1170	1170	if such case may have circumstances far beyond those that 45
1171	1171	would be expected. Such cases shall be evaluated by the 46
1172	1172	response and evaluation team under subsection 3 of this 47
1173	1173	section. 48
1174	1174	(4) Data regarding all evaluation metrics shall be 49
1175	1175	collected by the division on a monthly basis, and the 50 SB 143 38
1176	1176	division shall issue a quarterly report regarding the 51
1177	1177	evaluation data for each provider, both public and private, 52
1178	1178	by county. The response and evaluation team shall determine 53
1179	1179	how to aggregate cases for the division and large 54
1180	1180	contractors so that performance and outcomes may be compared 55
1181	1181	effectively while also protecting confidentiality. Such 56
1182	1182	reports shall be made public and shall include information 57
1183	1183	by county. 58
1184	1184	(5) The standards and metrics developed through this 59
1185	1185	evaluation tool shall be used to evaluate competitive bids 60
1186	1186	for future contracts established under subsection 4 of this 61
1187	1187	section. 62
1188	1188	3. The division shall create a response and evaluation 63
1189	1189	team. Membership of the team shall be composed of five 64
1190	1190	staff members from the division with experience in foster 65
1191	1191	care appointed by the director of the division; five 66
1192	1192	representatives, one from each contract region for foster 67
1193	1193	care case management contracts under this section, who shall 68
1194	1194	be annually rotated among contractors in each region, which 69
1195	1195	shall appoint the agency; two experts working in either 70
1196	1196	research or higher education on issues relating to child 71
1197	1197	welfare and foster care appointed by the director of the 72
1198	1198	division and who shall be actively working for either an 73
1199	1199	academic institution or policy foundation; one juvenile 74
1200	1200	officer or a Missouri juvenile justice director to be 75
1201	1201	appointed by the Missouri Juvenile Justice Association; and 76
1202	1202	one juvenile or family court judge appointed by the supreme 77
1203	1203	court. The division shall provide the necessary staffing 78
1204	1204	for the team's operations. All members shall be appointed 79
1205	1205	and the team shall meet for the first time before January 1, 80
1206	1206	2021. The team shall: 81 SB 143 39
1207	1207	(1) Review the evaluation tool and metrics set forth 82
1208	1208	in subsection 2 of this section on a semiannual basis to 83
1209	1209	determine any adjustments needed or issues that could affect 84
1210	1210	the quality of such tools and approve or deny on a case-by- 85
1211	1211	case basis: 86
1212	1212	(a) Cases that a provider feels are anomalous and 87
1213	1213	should not be part of developing the case management tool 88
1214	1214	under subsection 2 of this section; 89
1215	1215	(b) Alternative evaluation metrics recommended by 90
1216	1216	providers based on the best interests of the child under 91
1217	1217	subsections 2 and 5 of this section; or 92
1218	1218	(c) Review and recommend any structure for incentives 93
1219	1219	or other reimbursement strategies under subsection 6 of this 94
1220	1220	section; 95
1221	1221	(2) Develop and execute periodic provider evaluations 96
1222	1222	of cases managed by the division and children service 97
1223	1223	providers contracted with the state to provide foster care 98
1224	1224	case management services, in the field under the evaluation 99
1225	1225	tool created under subsection 2 of this section to ensure 100
1226	1226	basic requirements of the program are met, which shall 101
1227	1227	include, but are not limited to, random file review to 102
1228	1228	ensure documentation shows required visits and case 103
1229	1229	management plan notes; and 104
1230	1230	(3) Develop a system for reviewing and working with 105
1231	1231	providers identified under subdivision (2) of this 106
1232	1232	subsection or providers who request such assistance from the 107
1233	1233	division who show signs of performance weakness to ensure 108
1234	1234	technical assistance and other services are offered to 109
1235	1235	assist the providers in achieving successful outcomes for 110
1236	1236	their cases. 111
1237	1237	4. The children's division and any other state agency 112
1238	1238	deemed necessary by the division shall, in consultation with 113 SB 143 40
1239	1239	service providers and other relevant parties, enter into and 114
1240	1240	implement contracts with qualified children's services 115
1241	1241	providers and agencies to provide a comprehensive and 116
1242	1242	deliberate system of service delivery for children and their 117
1243	1243	families. Contracts shall be awarded through a competitive 118
1244	1244	process and provided by qualified public and private not-for- 119
1245	1245	profit or limited liability corporations owned exclusively 120
1246	1246	by not-for-profit corporations children's services providers 121
1247	1247	and agencies which have: 122
1248	1248	(1) A proven record of providing child welfare 123
1249	1249	services within the state of Missouri which shall be 124
1250	1250	consistent with the federal standards, but not less than the 125
1251	1251	standards and policies used by the children's division as of 126
1252	1252	January 1, 2004; and 127
1253	1253	(2) The ability to provide a range of child welfare 128
1254	1254	services including, but not limited to, case management 129
1255	1255	services, family-centered services, foster and adoptive 130
1256	1256	parent recruitment and retention, residential care, in-home 131
1257	1257	services, foster care services, adoption services, relative 132
1258	1258	care case management, planned permanent living services, and 133
1259	1259	family reunification services. 134
1260	1260	No contracts under this section shall be issued for services 135
1261	1261	related to the child abuse and neglect hotline, 136
1262	1262	investigations of alleged abuse and neglect, and initial 137
1263	1263	family assessments, except for services designed to assist 138
1264	1264	the division in ascertaining child safety and providing 139
1265	1265	preventative services. Any contracts entered into by the 140
1266	1266	division shall be in accordance with all federal laws and 141
1267	1267	regulations, and shall seek to maximize federal funding. 142
1268	1268	Children's services providers and agencies under contract 143
1269	1269	with the division shall be subject to all federal, state, 144 SB 143 41
1270	1270	and local laws and regulations relating to the provision of 145
1271	1271	such services, and shall be subject to oversight and 146
1272	1272	inspection by appropriate state agencies to assure 147
1273	1273	compliance with standards which shall be consistent with the 148
1274	1274	federal standards. 149
1275	1275	5. The division shall accept as prima facie evidence 150
1276	1276	of completion of the requirements for licensure under 151
1277	1277	sections 210.481 to 210.511 proof that an agency is 152
1278	1278	accredited by any of the following nationally recognized 153
1279	1279	bodies: the Council on Accreditation of Services, Children 154
1280	1280	and Families, Inc.; the Joint Commission on Accreditation of 155
1281	1281	Hospitals; or the Commission on Accreditation of 156
1282	1282	Rehabilitation Facilities. 157
1283	1283	6. Payment to the children's services providers and 158
1284	1284	agencies shall be made based on the reasonable costs of 159
1285	1285	services, including responsibilities necessary to execute 160
1286	1286	the contract. Any reimbursement increases made through 161
1287	1287	enhanced appropriations for services shall be allocated to 162
1288	1288	providers regardless of whether the provider is public or 163
1289	1289	private. Such increases shall be considered additive to the 164
1290	1290	existing contracts. In addition to payments reflecting the 165
1291	1291	cost of services, contracts shall include incentives 166
1292	1292	provided in recognition of performance based on the 167
1293	1293	evaluation tool created under subsection 2 of this section 168
1294	1294	and the corresponding savings for the state. The response 169
1295	1295	and evaluation team under subsection 3 of this section shall 170
1296	1296	review a formula to distribute such payments, as recommended 171
1297	1297	by the division. 172
1298	1298	7. The division shall consider immediate actions that 173
1299	1299	are in the best interests of the children served including, 174
1300	1300	but not limited to, placing the agency on a corrective plan, 175
1301	1301	halting new referrals, transferring cases to other 176 SB 143 42
1302	1302	performing providers, or terminating the provider's 177
1303	1303	contract. The division shall take steps necessary to 178
1304	1304	evaluate the nature of the issue and act accordingly in the 179
1305	1305	most timely fashion possible. 180
1306	1306	8. By July 1, 2021, the children's division shall 181
1307	1307	promulgate and have in effect rules to implement the 182
1308	1308	provisions of this section and, pursuant to this section, 183
1309	1309	shall define implementation plans and dates. Any rule or 184
1310	1310	portion of a rule, as that term is defined in section 185
1311	1311	536.010, that is created under the authority delegated in 186
1312	1312	this section shall become effective only if it complies with 187
1313	1313	and is subject to all of the provisions of chapter 536 and, 188
1314	1314	if applicable, section 536.028. This section and chapter 189
1315	1315	536 are nonseverable and if any of the powers vested with 190
1316	1316	the general assembly pursuant to chapter 536 to review, to 191
1317	1317	delay the effective date, or to disapprove and annul a rule 192
1318	1318	are subsequently held unconstitutional, then the grant of 193
1319	1319	rulemaking authority and any rule proposed or adopted after 194
1320	1320	August 28, 2004, shall be invalid and void. 195
1321	1321	9. A provision in a service provider contract in which 196
1322	1322	the state is indemnified, held harmless, or insured for 197
1323	1323	damages, claims, losses, or expenses arising from any 198
1324	1324	injury, including, but not limited to, bodily injury, mental 199
1325	1325	anguish, property damage, or economic or noneconomic damages 200
1326	1326	or loss caused by or resulting from the state's negligence, 201
1327	1327	in whole or in part, shall be void as against public policy 202
1328	1328	and unenforceable. As used in this subsection, "service 203
1329	1329	provider contract" means a contract, agreement, or 204
1330	1330	understanding between a provider of services and the 205
1331	1331	division regarding the provision of services. 206
1332	1332	210.135. 1. Any person, official, employee of the 1
1333	1333	department of social services, or institution complying with 2 SB 143 43
1334	1334	the provisions of sections [210.110] 210.109 to 210.165 in 3
1335	1335	the making of a report, the taking of color photographs, or 4
1336	1336	the making of radiologic examinations pursuant to sections 5
1337	1337	[210.110] 210.109 to 210.165, or both such taking of color 6
1338	1338	photographs and making of radiologic examinations, or the 7
1339	1339	removal or retaining a child pursuant to sections [210.110] 8
1340	1340	210.109 to 210.165 and chapter 211, or in cooperating with 9
1341	1341	the division, or cooperating with a qualified individual 10
1342	1342	pursuant to section 210.715, or any other law enforcement 11
1343	1343	agency, juvenile office, court, state agency, or child- 12
1344	1344	protective service agency of this or any other state, in any 13
1345	1345	of the activities pursuant to sections [210.110] 210.109 to 14
1346	1346	210.165 and chapter 211, or any other allegation of child 15
1347	1347	abuse, neglect or assault, pursuant to sections 568.045 to 16
1348	1348	568.060, shall have immunity from any liability, civil or 17
1349	1349	criminal, that otherwise might result by reason of such 18
1350	1350	actions. Provided, however, any person, official or 19
1351	1351	institution intentionally filing a false report, acting in 20
1352	1352	bad faith, or with ill intent, shall not have immunity from 21
1353	1353	any liability, civil or criminal. Any such person, 22
1354	1354	official, or institution shall have the same immunity with 23
1355	1355	respect to participation in any judicial proceeding 24
1356	1356	resulting from the report. 25
1357	1357	2. An employee, including a contracted employee, of a 26
1358	1358	state-funded child assessment center, as provided for in 27
1359	1359	subsection 2 of section 210.001, shall be immune from any 28
1360	1360	civil liability that arises from the employee's 29
1361	1361	participation in the investigation process and services by 30
1362	1362	the child assessment center, unless such person acted in bad 31
1363	1363	faith. This subsection shall not displace or limit any 32
1364	1364	other immunity provided by law. 33 SB 143 44
1365	1365	3. Any person, who is not a school district employee, 34
1366	1366	who makes a report to any employee of the school district of 35
1367	1367	child abuse by a school employee shall have immunity from 36
1368	1368	any liability, civil or criminal, that otherwise might 37
1369	1369	result because of such report. Provided, however, that any 38
1370	1370	such person who makes a false report, knowing that the 39
1371	1371	report is false, or who acts in bad faith or with ill intent 40
1372	1372	in making such report shall not have immunity from any 41
1373	1373	liability, civil or criminal. Any such person shall have 42
1374	1374	the same immunity with respect to participation in any 43
1375	1375	judicial proceeding resulting from the report. 44
1376	1376	4. In a case involving the death or serious injury of 45
1377	1377	a child after a report has been made under sections 210.109 46
1378	1378	to 210.165, the division shall conduct a preliminary 47
1379	1379	evaluation in order to determine whether a review of the 48
1380	1380	ability of the circuit manager or case worker or workers to 49
1381	1381	perform their duties competently is necessary. The 50
1382	1382	preliminary evaluation shall examine: 51
1383	1383	(1) The hotline worker or workers who took any reports 52
1384	1384	related to such case; 53
1385	1385	(2) The division case worker or workers assigned to 54
1386	1386	the investigation of such report; and 55
1387	1387	(3) The circuit manager assigned to the county where 56
1388	1388	the report was investigated. 57
1389	1389	Any preliminary evaluation shall be completed no later than 58
1390	1390	three days after the child's death. If the division 59
1391	1391	determines a review and assessment is necessary, it shall be 60
1392	1392	completed no later than three days after the child's death. 61
1393	1393	210.1012. 1. There is hereby created a statewide 1
1394	1394	program called the "Amber Alert System" referred to in this 2 SB 143 45
1395	1395	section as the "system" to aid in the identification and 3
1396	1396	location of an abducted child. 4
1397	1397	2. For the purposes of this section, "abducted child" 5
1398	1398	means a child whose whereabouts are unknown and who is: 6
1399	1399	(1) Less than eighteen years of age and reasonably 7
1400	1400	believed to be the victim of the crime of kidnapping or 8
1401	1401	kidnapping in the first degree as defined by section 565.110 9
1402	1402	as determined by local law enforcement; 10
1403	1403	(2) Reasonably believed to be the victim of the crime 11
1404	1404	of child kidnapping as defined by section 565.115 as 12
1405	1405	determined by local law enforcement; or 13
1406	1406	(3) Less than eighteen years of age and at least 14
1407	1407	fourteen years of age and who, if under the age of fourteen, 15
1408	1408	would otherwise be reasonably believed to be a victim of 16
1409	1409	child kidnapping as defined by section 565.115 as determined 17
1410	1410	by local law enforcement. 18
1411	1411	3. The department of public safety shall develop 19
1412	1412	regions to provide the system. The department of public 20
1413	1413	safety shall coordinate local law enforcement agencies and 21
1414	1414	public commercial television and radio broadcasters to 22
1415	1415	provide an effective system. In the event that a local law 23
1416	1416	enforcement agency opts not to set up a system and an 24
1417	1417	abduction occurs within the jurisdiction, it shall notify 25
1418	1418	the department of public safety who will notify local media 26
1419	1419	in the region. 27
1420	1420	4. The Amber alert system shall include all state 28
1421	1421	agencies capable of providing urgent and timely information 29
1422	1422	to the public together with broadcasters and other private 30
1423	1423	entities that volunteer to participate in the dissemination 31
1424	1424	of urgent public information. At a minimum, the Amber alert 32
1425	1425	system shall include the department of public safety, 33 SB 143 46
1426	1426	highway patrol, department of transportation, department of 34
1427	1427	health and senior services, and Missouri lottery. 35
1428	1428	5. The department of public safety shall have the 36
1429	1429	authority to notify other regions upon verification that the 37
1430	1430	criteria established by the oversight committee has been met. 38
1431	1431	6. Participation in an Amber alert system is entirely 39
1432	1432	at the option of local law enforcement agencies and 40
1433	1433	federally licensed radio and television broadcasters. 41
1434	1434	7. Any person who knowingly makes a false report that 42
1435	1435	triggers an alert pursuant to this section is guilty of a 43
1436	1436	class A misdemeanor. 44
1437	1437	8. It shall be unlawful to discriminate against any 45
1438	1438	person because of race, color, religion, national origin, 46
1439	1439	ancestry, sex, disability, or familial status when the 47
1440	1440	department coordinates with local law enforcement agencies 48
1441	1441	and public commercial television and radio broadcasters to 49
1442	1442	provide an effective system. 50
1443	1443	210.1505. 1. There is hereby created the "Statewide 1
1444	1444	Council [on Sex] Against Adult Trafficking and the 2
1445	1445	Commercial Sexual Exploitation of Children" [to] within the 3
1446	1446	office of the attorney general to make recommendations for a 4
1447	1447	coordinated statewide effort against the trafficking of 5
1448	1448	adults and children within the state of Missouri. The 6
1449	1449	council shall consist of the following members: 7
1450	1450	(1) [The following four members of the general 8
1451	1451	assembly: 9
1452	1452	(a) Two members of the senate, with one member to be 10
1453	1453	appointed by the president pro tempore of the senate and one 11
1454	1454	member to be appointed by the minority floor leader of the 12
1455	1455	senate; and 13
1456	1456	(b) Two members of the house of representatives, with 14
1457	1457	one member to be appointed by the speaker of the house of 15 SB 143 47
1458	1458	representatives and one member to be appointed by the 16
1459	1459	minority floor leader of the house of representatives] The 17
1460	1460	attorney general or his or her designee, who shall serve as 18
1461	1461	the chair of the council; 19
1462	1462	(2) The director of the children's division or his or 20
1463	1463	her designee; 21
1464	1464	(3) The director of the department of public safety or 22
1465	1465	his or her designee; 23
1466	1466	(4) The director of the department of mental health or 24
1467	1467	his or her designee; 25
1468	1468	(5) The director of the office of prosecution services 26
1469	1469	or his or her designee; 27
1470	1470	(6) The superintendent of the Missouri state highway 28
1471	1471	patrol or his or her designee; 29
1472	1472	(7) The executive director of the statewide network of 30
1473	1473	child advocacy organizations [specializing in the prevention 31
1474	1474	of child abuse or neglect] or his or her designee; 32
1475	1475	(8) The executive director of the statewide coalition 33
1476	1476	against domestic and sexual violence or his or her designee; 34
1477	1477	(9) The executive director of the Missouri Juvenile 35
1478	1478	Justice Association or his or her designee; 36
1479	1479	(10) The director of the attorney general's human 37
1480	1480	trafficking task force or his or her designee; 38
1481	1481	(11) Two representatives from agencies providing 39
1482	1482	services to victims of child sex trafficking and sexual 40
1483	1483	exploitation [who reflect the geographic diversity of the 41
1484	1484	state and who shall be appointed by the director of the 42
1485	1485	department of social services]; [and] 43
1486	1486	(12) Two members of the senate to be appointed by the 44
1487	1487	president pro tempore of the senate; 45
1488	1488	(13) Two members of the house of representatives to be 46
1489	1489	appointed by the speaker of the house of representatives; 47 SB 143 48
1490	1490	(14) A member of the judiciary, who shall be appointed 48
1491	1491	by the Missouri supreme court; 49
1492	1492	(15) The commissioner of the department of elementary 50
1493	1493	and secondary education or his or her designee; 51
1494	1494	(16) A designee from the governor's office; 52
1495	1495	(17) Two human trafficking survivors identified by a 53
1496	1496	children's advocacy center who are willing to serve on the 54
1497	1497	council; and 55
1498	1498	(18) A representative from any other government or 56
1499	1499	nongovernment organization deemed necessary by the attorney 57
1500	1500	general. 58
1501	1501	2. A majority of the members of the council shall 59
1502	1502	constitute a quorum. The council shall be created within 60
1503	1503	thirty days of August 28, 2025, and shall hold its first 61
1504	1504	meeting within thirty days after the council's creation [and 62
1505	1505	organize by selecting a chair and a vice chair]. The 63
1506	1506	council shall meet at [the call of the chair] least 64
1507	1507	quarterly. The council may create a subgroup to offer 65
1508	1508	recommendations on specific issues as deemed necessary. 66
1509	1509	3. [The council shall: 67
1510	1510	(1) Collect and analyze data relating to sex 68
1511	1511	trafficking and sexual exploitation of children, including 69
1512	1512	the number of reports made to the children's division under 70
1513	1513	section 210.115, any information obtained from phone calls 71
1514	1514	to the national sex trafficking hotline, the number of 72
1515	1515	reports made to law enforcement, arrests, prosecution rates, 73
1516	1516	and any other data important for any recommendations of the 74
1517	1517	council. State departments and council members shall 75
1518	1518	provide relevant data as requested by the council to fulfill 76
1519	1519	the council's duties; and 77
1520	1520	(2) Collect feedback from stakeholders, practitioners, 78
1521	1521	and leadership throughout the state in order to develop best 79 SB 143 49
1522	1522	practices and procedures regarding the response to sex 80
1523	1523	trafficking and sexual exploitation of children, including 81
1524	1524	identification and assessment of victims; response and 82
1525	1525	treatment coordination and collaboration across systems; 83
1526	1526	trauma-informed, culturally competent victim-centered 84
1527	1527	services; training for professionals in all systems; and 85
1528	1528	investigating and prosecuting perpetrators. 86
1529	1529	4. The department of social services shall provide 87
1530	1530	administrative support to the council. 88
1531	1531	5. On or before December 31, 2023, the council shall 89
1532	1532	submit a report of the council's activities to the governor 90
1533	1533	and general assembly and the joint committee on child abuse 91
1534	1534	and neglect under section 21.771. The report shall include 92
1535	1535	recommendations for priority needs and actions, including 93
1536	1536	statutory or regulatory changes relating to the response to 94
1537	1537	sex trafficking and sexual exploitation of children and 95
1538	1538	services for child victims. 96
1539	1539	6. The council shall expire on December 31, 2023] 97
1540	1540	There shall be an executive director who shall be appointed 98
1541	1541	by the attorney general who shall fix his or her 99
1542	1542	compensation and provide for such other administrative 100
1543	1543	personnel as necessary within the limits of appropriations 101
1544	1544	provided in subsection 4 of this section. The executive 102
1545	1545	director shall serve under the supervision of the attorney 103
1546	1546	general who shall provide necessary office space. 104
1547	1547	4. (1) There is hereby created in the state treasury 105
1548	1548	the "Anti-Trafficking Fund", which shall consist of moneys 106
1549	1549	appropriated to it by the general assembly and any grants, 107
1550	1550	gifts, donations, and bequests. The state treasurer shall 108
1551	1551	be custodian of the fund. In accordance with sections 109
1552	1552	30.170 and 30.180, the state treasurer may approve 110
1553	1553	disbursements. The fund shall be a dedicated fund and, upon 111 SB 143 50
1554	1554	appropriation, moneys in this fund shall be used solely to 112
1555	1555	pay for the position of the executive director and for any 113
1556	1556	other administrative personnel of the statewide council 114
1557	1557	against adult trafficking and the commercial sexual 115
1558	1558	exploitation of children, education and awareness regarding 116
1559	1559	human trafficking, and anti-trafficking efforts throughout 117
1560	1560	the state of Missouri. 118
1561	1561	(2) Notwithstanding the provisions of section 33.080 119
1562	1562	to the contrary, any moneys remaining in the fund at the end 120
1563	1563	of the biennium shall not revert to the credit of the 121
1564	1564	general revenue fund. 122
1565	1565	(3) The state treasurer shall invest moneys in the 123
1566	1566	fund in the same manner as other funds are invested. Any 124
1567	1567	interest and moneys earned on such investments shall be 125
1568	1568	credited to the fund. 126
1569	1569	211.033. 1. No person under the age of eighteen 1
1570	1570	years, except those transferred to the court of general 2
1571	1571	jurisdiction under the provisions of section 211.071, shall 3
1572	1572	be detained in a jail or other adult detention facility as 4
1573	1573	that term is defined in section 211.151. [A traffic court 5
1574	1574	judge may request the juvenile court to order the commitment 6
1575	1575	of a person under the age of eighteen to a juvenile 7
1576	1576	detention facility.] 8
1577	1577	2. Nothing in this section shall be construed as 9
1578	1578	creating any civil or criminal liability for any law 10
1579	1579	enforcement officer, juvenile officer, school personnel, or 11
1580	1580	court personnel for any action taken or failure to take any 12
1581	1581	action involving a minor child who remains under the 13
1582	1582	jurisdiction of the juvenile court under this section if 14
1583	1583	such action or failure to take action is based on a good 15
1584	1584	faith belief by such officer or personnel that the minor 16
1585	1585	child is not under the jurisdiction of the juvenile court. 17 SB 143 51
1586	1586	211.072. 1. A juvenile under eighteen years of age 1
1587	1587	who has been certified to stand trial as an adult for 2
1588	1588	offenses pursuant to section 211.071, if currently placed in 3
1589	1589	a secure juvenile detention facility, shall remain in a 4
1590	1590	secure juvenile detention facility pending finalization of 5
1591	1591	the judgment and completion of appeal, if any, of the 6
1592	1592	judgment dismissing the juvenile petition to allow for 7
1593	1593	prosecution under the general law unless otherwise ordered 8
1594	1594	by the juvenile court. Upon the judgment dismissing the 9
1595	1595	petition to allow prosecution under the general laws 10
1596	1596	becoming final and adult charges being filed, if the 11
1597	1597	juvenile is currently in a secure juvenile detention 12
1598	1598	facility, the juvenile shall remain in such facility unless 13
1599	1599	the juvenile posts bond or the juvenile is transferred to an 14
1600	1600	adult jail. If the juvenile officer does not believe 15
1601	1601	juvenile detention would be the appropriate placement or 16
1602	1602	would continue to serve as the appropriate placement, the 17
1603	1603	juvenile officer may file a motion in the adult criminal 18
1604	1604	case requesting that the juvenile be transferred from a 19
1605	1605	secure juvenile detention facility to an adult jail. The 20
1606	1606	court shall hear evidence relating to the appropriateness of 21
1607	1607	the juvenile remaining in a secure juvenile detention 22
1608	1608	facility or being transferred to an adult jail. At such 23
1609	1609	hearing, the following shall have the right to be present 24
1610	1610	and have the opportunity to present evidence and 25
1611	1611	recommendations at such hearing: the juvenile; the 26
1612	1612	juvenile's parents; the juvenile's counsel; the prosecuting 27
1613	1613	attorney; the juvenile officer or his or her designee for 28
1614	1614	the circuit in which the juvenile was certified; the 29
1615	1615	juvenile officer or his or her designee for the circuit in 30
1616	1616	which the pretrial-certified juvenile is proposed to be 31
1617	1617	held, if different from the circuit in which the juvenile 32 SB 143 52
1618	1618	was certified; counsel for the juvenile officer; and 33
1619	1619	representatives of the county proposed to have custody of 34
1620	1620	the pretrial-certified juvenile. 35
1621	1621	2. Following the hearing, the court shall order that 36
1622	1622	the juvenile continue to be held in a secure juvenile 37
1623	1623	detention facility subject to all Missouri juvenile 38
1624	1624	detention standards, or the court shall order that the 39
1625	1625	pretrial-certified juvenile be held in an adult jail but 40
1626	1626	only after the court has made findings that it would be in 41
1627	1627	the best interest of justice to move the pretrial-certified 42
1628	1628	juvenile to an adult jail. The court shall weigh the 43
1629	1629	following factors when deciding whether to detain a 44
1630	1630	certified juvenile in an adult facility: 45
1631	1631	(1) The certified juvenile's age; 46
1632	1632	(2) The certified juvenile's physical and mental 47
1633	1633	maturity; 48
1634	1634	(3) The certified juvenile's present mental state, 49
1635	1635	including whether he or she presents an imminent risk of 50
1636	1636	self-harm; 51
1637	1637	(4) The nature and circumstances of the charges; 52
1638	1638	(5) The certified juvenile's history of delinquency; 53
1639	1639	(6) The relative ability of the available adult and 54
1640	1640	juvenile facilities to both meet the needs of the certified 55
1641	1641	juvenile and to protect the public and other youth in their 56
1642	1642	custody; 57
1643	1643	(7) The opinion of the juvenile officer in the circuit 58
1644	1644	of the proposed placement as to the ability of that juvenile 59
1645	1645	detention facility to provide for appropriate care, custody, 60
1646	1646	and control of the pretrial-certified juvenile; and 61
1647	1647	(8) Any other relevant factor. 62
1648	1648	3. In the event the court finds that it is in the best 63
1649	1649	interest of justice to require the certified juvenile to be 64 SB 143 53
1650	1650	held in an adult jail, the court shall hold a hearing once 65
1651	1651	every thirty days to determine whether the placement of the 66
1652	1652	certified juvenile in an adult jail is still in the best 67
1653	1653	interests of justice. If a pretrial-certified juvenile 68
1654	1654	under eighteen years of age is ordered released on the 69
1655	1655	juvenile's adult criminal case from an adult jail following 70
1656	1656	a transfer order under subsection 2 of this section and the 71
1657	1657	juvenile is detained on violation of the conditions of 72
1658	1658	release or bond, the juvenile shall return to the custody of 73
1659	1659	the adult jail pending further court order. 74
1660	1660	4. A certified juvenile cannot be held in an adult 75
1661	1661	jail for more than one hundred eighty days unless the court 76
1662	1662	finds, for good cause, that an extension is necessary or the 77
1663	1663	juvenile, through counsel, waives the one hundred eighty day 78
1664	1664	maximum period. If no extension is granted under this 79
1665	1665	subsection, the certified juvenile shall be transferred from 80
1666	1666	the adult jail to a secure juvenile detention facility. If 81
1667	1667	an extension is granted under this subsection, the court 82
1668	1668	shall hold a hearing once every thirty days to determine 83
1669	1669	whether the placement of the certified juvenile in an adult 84
1670	1670	jail is still in the best interests of justice. 85
1671	1671	5. Effective December 31, 2021, all previously 86
1672	1672	pretrial-certified juveniles under eighteen years of age who 87
1673	1673	had been certified prior to August 28, 2021, shall be 88
1674	1674	transferred from adult jail to a secure juvenile detention 89
1675	1675	facility, unless a hearing is held and the court finds, 90
1676	1676	based upon the factors in subsection 2 of this section, that 91
1677	1677	it would be in the best interest of justice to keep the 92
1678	1678	juvenile in the adult jail. 93
1679	1679	6. All pretrial-certified juveniles under eighteen 94
1680	1680	years of age who are held in adult jails pursuant to the 95
1681	1681	best interest of justice exception shall continue to be 96 SB 143 54
1682	1682	subject to the protections of the Prison Rape Elimination 97
1683	1683	Act (PREA) and shall be physically separated from adult 98
1684	1684	inmates. 99
1685	1685	7. If the certified juvenile remains in juvenile 100
1686	1686	detention, the juvenile officer may file a motion to 101
1687	1687	reconsider placement. The court shall consider the factors 102
1688	1688	set out in subsection 2 of this section and the individuals 103
1689	1689	set forth in subsection 1 of this section shall have a right 104
1690	1690	to be present and present evidence. The court may amend its 105
1691	1691	earlier order in light of the evidence and arguments 106
1692	1692	presented at the hearing if the court finds that it would 107
1693	1693	not be in the best interest of justice for the juvenile to 108
1694	1694	remain in a secure juvenile detention facility. 109
1695	1695	8. Issues related to the setting of, and posting of, 110
1696	1696	bond along with any bond forfeiture proceedings shall be 111
1697	1697	held in the pretrial-certified juvenile's adult criminal 112
1698	1698	case. 113
1699	1699	9. Upon attaining eighteen years of age or upon 114
1700	1700	conviction on the adult charges, the juvenile shall be 115
1701	1701	transferred from juvenile detention to the appropriate adult 116
1702	1702	facility. 117
1703	1703	10. Any responsibility for transportation of and 118
1704	1704	contracted service for the certified juvenile who remains in 119
1705	1705	a secure juvenile detention facility shall be handled by 120
1706	1706	county jail staff in the same manner as in all other adult 121
1707	1707	criminal cases where the defendant is in custody. 122
1708	1708	11. The county jail staff shall designate a liaison 123
1709	1709	assigned to each pretrial-certified juvenile while housed in 124
1710	1710	a juvenile detention facility, who shall assist in 125
1711	1711	communication with the juvenile detention facility on the 126
1712	1712	needs of the juvenile including, but not limited to, 127 SB 143 55
1713	1713	visitation, legal case status, medical and mental health 128
1714	1714	needs, and phone contact. 129
1715	1715	12. The per diem provisions as set forth in section 130
1716	1716	211.156 shall apply to certified juveniles who are being 131
1717	1717	held in a secure juvenile detention facility. 132
1718	1718	217.451. 1. Correctional centers shall provide 1
1719	1719	offenders with reasonable access to phone services during an 2
1720	1720	offender's term of confinement; provided that, phone access 3
1721	1721	may be restricted as a disciplinary measure. 4
1722	1722	2. No correctional center or other party shall charge 5
1723	1723	an offender in a correctional center a total amount for a 6
1724	1724	domestic phone call, including fees and any per-minute rate, 7
1725	1725	that exceeds the equivalent of twelve cents per minute. 8
1726	1726	219.021. 1. Except as provided in subsections 2 and 3 1
1727	1727	of this section, any child may be committed to the custody 2
1728	1728	of the division when the juvenile court determines a 3
1729	1729	suitable community-based treatment service does not exist, 4
1730	1730	or has proven ineffective; and when the child is adjudicated 5
1731	1731	pursuant to the provisions of subdivision (3) of subsection 6
1732	1732	1 of section 211.031 or when the child is adjudicated 7
1733	1733	pursuant to subdivision (2) of subsection 1 of section 8
1734	1734	211.031 and is currently under court supervision for 9
1735	1735	adjudication under subdivision (2) or (3) of subsection 1 of 10
1736	1736	section 211.031. The division shall not keep any youth 11
1737	1737	beyond his [eighteenth birth date] or her nineteenth 12
1738	1738	birthday, except upon petition and a showing of just cause 13
1739	1739	in which case the division may maintain custody until the 14
1740	1740	youth's twenty-first birth date. Notwithstanding any other 15
1741	1741	provision of law to the contrary, the committing court shall 16
1742	1742	review the treatment plan to be provided by the division. 17
1743	1743	The division shall notify the court of original jurisdiction 18
1744	1744	from which the child was committed at least three weeks 19 SB 143 56
1745	1745	prior to the child's release to aftercare supervision. The 20
1746	1746	notification shall include a summary of the treatment plan 21
1747	1747	and progress of the child that has resulted in the planned 22
1748	1748	release. The court may formally object to the director of 23
1749	1749	the division in writing, stating its reasons in opposition 24
1750	1750	to the release. The director shall review the court's 25
1751	1751	objection in consideration of its final approval for 26
1752	1752	release. The court's written objection shall be made within 27
1753	1753	a one-week period after it receives notification of the 28
1754	1754	division's planned release; otherwise the division may 29
1755	1755	assume court agreement with the release. The division 30
1756	1756	director's written response to the court shall occur within 31
1757	1757	five working days of service of the court's objection and 32
1758	1758	preferably prior to the release of the child. The division 33
1759	1759	shall not place a child directly into a precare setting 34
1760	1760	immediately upon commitment from the court until it advises 35
1761	1761	the court of such placement. 36
1762	1762	2. No child who has been diagnosed as having a mental 37
1763	1763	disease or a communicable or contagious disease shall be 38
1764	1764	committed to the division; except the division may, by 39
1765	1765	regulation, when services for the proper care and treatment 40
1766	1766	of persons having such diseases are available at any of the 41
1767	1767	facilities under its control, authorize the commitment of 42
1768	1768	children having such diseases to it for treatment in such 43
1769	1769	institution. Notice of any such regulation shall be 44
1770	1770	promptly mailed to the judges and juvenile officers of all 45
1771	1771	courts having jurisdiction of cases involving children. 46
1772	1772	3. When a child has been committed to the division, 47
1773	1773	the division shall forthwith examine the individual and 48
1774	1774	investigate all pertinent circumstances of his background 49
1775	1775	for the purpose of facilitating the placement and treatment 50
1776	1776	of the child in the most appropriate program or residential 51 SB 143 57
1777	1777	facility to assure the public safety and the rehabilitation 52
1778	1778	of the child; except that, no child committed under the 53
1779	1779	provisions of subdivision (2) of subsection 1 of section 54
1780	1780	211.031 may be placed in the residential facilities 55
1781	1781	designated by the division as a maximum security facility, 56
1782	1782	unless the juvenile is subsequently adjudicated under 57
1783	1783	subdivision (3) of subsection 1 of section 211.031. 58
1784	1784	4. The division may transfer any child under its 59
1785	1785	jurisdiction to any other institution for children if, after 60
1786	1786	careful study of the child's needs, it is the judgment of 61
1787	1787	the division that the transfer should be effected. If the 62
1788	1788	division determines that the child requires treatment by 63
1789	1789	another state agency, it may transfer the physical custody 64
1790	1790	of the child to that agency, and that agency shall accept 65
1791	1791	the child if the services are available by that agency. 66
1792	1792	5. The division shall make periodic reexaminations of 67
1793	1793	all children committed to its custody for the purpose of 68
1794	1794	determining whether existing dispositions should be modified 69
1795	1795	or continued. Reexamination shall include a study of all 70
1796	1796	current circumstances of such child's personal and family 71
1797	1797	situation and an evaluation of the progress made by such 72
1798	1798	child since the previous study. Reexamination shall be 73
1799	1799	conducted as frequently as the division deems necessary, but 74
1800	1800	in any event, with respect to each such child, at intervals 75
1801	1801	not to exceed six months. Reports of the results of such 76
1802	1802	examinations shall be sent to the child's committing court 77
1803	1803	and to his parents or guardian. 78
1804	1804	6. Failure of the division to examine a child 79
1805	1805	committed to it or to reexamine him within six months of a 80
1806	1806	previous examination shall not of itself entitle the child 81
1807	1807	to be discharged from the custody of the division but shall 82
1808	1808	entitle the child, his parent, guardian, or agency to which 83 SB 143 58
1809	1809	the child may be placed by the division to petition for 84
1810	1810	review as provided in section 219.051. 85
1811	1811	7. The division is hereby authorized to establish, 86
1812	1812	build, repair, maintain, and operate, from funds 87
1813	1813	appropriated or approved by the legislature for these 88
1814	1814	purposes, facilities and programs necessary to implement the 89
1815	1815	provisions of this chapter. Such facilities or programs may 90
1816	1816	include, but not be limited to, the establishment and 91
1817	1817	operation of training schools, maximum security facilities, 92
1818	1818	moderate care facilities, group homes, day treatment 93
1819	1819	programs, family foster homes, aftercare, counseling 94
1820	1820	services, educational services, and such other services as 95
1821	1821	may be required to meet the needs of children committed to 96
1822	1822	it. The division may terminate any facility or program no 97
1823	1823	longer needed to meet the needs of children. 98
1824	1824	8. The division may institute day release programs for 99
1825	1825	children committed to it. The division may arrange with 100
1826	1826	local schools, public or private agencies, or persons 101
1827	1827	approved by the division for the release of children 102
1828	1828	committed to the division on a daily basis to the custody of 103
1829	1829	such schools, agencies, or persons for participation in 104
1830	1830	programs. 105
1831	1831	9. The division shall make all reasonable efforts to 106
1832	1832	ensure that any outstanding judgment entered in accordance 107
1833	1833	with section 211.185 or any outstanding assessments ordered 108
1834	1834	in accordance with section 211.181 be paid while a child is 109
1835	1835	in the care, custody or control of the division. 110
1836	1836	221.044. No person under the age of eighteen years, 1
1837	1837	except those transferred to the court of general 2
1838	1838	jurisdiction under the provisions of section 211.071, shall 3
1839	1839	be detained in a jail or other adult detention facility as 4
1840	1840	that term is defined in section 211.151. [A traffic court 5 SB 143 59
1841	1841	judge may request the juvenile court to order the commitment 6
1842	1842	of a person under the age of eighteen to a juvenile 7
1843	1843	detention facility.] If a person is eighteen years of age or 8
1844	1844	older or attains the age of eighteen while in detention, 9
1845	1845	upon a motion filed by the juvenile officer, the court may 10
1846	1846	order that the person be detained in a jail or other adult 11
1847	1847	detention facility as that term is defined in section 12
1848	1848	211.151 until the disposition of that person's juvenile 13
1849	1849	court case. 14
1850	1850	221.108. 1. Jails shall provide inmates with 1
1851	1851	reasonable access to phone services during an inmate's term 2
1852	1852	of confinement; provided that, phone access may be 3
1853	1853	restricted as a disciplinary measure. 4
1854	1854	2. No jail or other party shall charge an inmate in a 5
1855	1855	jail a total amount for a domestic phone call, including 6
1856	1856	fees and any per-minute rate, that exceeds the equivalent of 7
1857	1857	twelve cents per minute. 8
1858	1858	221.400. 1. Any two or more contiguous counties 1
1859	1859	within the state may form an agreement to establish a 2
1860	1860	regional jail district. The district shall have a boundary 3
1861	1861	which includes the areas within each member county, and it 4
1862	1862	shall be named the "______ Regional Jail District". Such 5
1863	1863	regional jail districts may contract to carry out the 6
1864	1864	mission of the commission and the regional jail district. 7
1865	1865	2. The county commission of each county desiring to 8
1866	1866	join the district shall approve an ordinance, order, or 9
1867	1867	resolution to join the district and shall approve the 10
1868	1868	agreement which specifies the duties of each county within 11
1869	1869	the district. 12
1870	1870	3. If any county wishes to join a district which has 13
1871	1871	already been established under this section, the agreement 14
1872	1872	shall be rewritten and reapproved by each member county. If 15 SB 143 60
1873	1873	the district already levies a sales tax pursuant to section 16
1874	1874	221.407, the county desiring to join shall have approved the 17
1875	1875	levy of the district sales tax in the county pursuant to 18
1876	1876	subsection 3 of section 221.407, and the rewritten agreement 19
1877	1877	shall be provided. 20
1878	1878	4. The agreement which specifies the duties of each 21
1879	1879	county shall contain the following: 22
1880	1880	(1) The name of the district; 23
1881	1881	(2) The names of the counties within the district; 24
1882	1882	(3) The formula for calculating each county's 25
1883	1883	contribution to the costs of the district; 26
1884	1884	(4) The types of prisoners which the regional jail may 27
1885	1885	house, limited to prisoners which may be transferred to 28
1886	1886	counties under state law; 29
1887	1887	(5) The methods and powers which may be used for 30
1888	1888	constructing, leasing or financing a regional jail; 31
1889	1889	(6) The duties of the director of the regional jail; 32
1890	1890	(7) The timing and procedures for approval of the 33
1891	1891	regional jail district's annual budget by the regional jail 34
1892	1892	commission; and 35
1893	1893	(8) The delegation, if any, by the member counties to 36
1894	1894	the regional jail district of the power of eminent domain. 37
1895	1895	5. Any county, city, town or village may contract with 38
1896	1896	a regional jail commission for the holding of its prisoners. 39
1897	1897	221.402. In addition to the powers granted to the 1
1898	1898	district by its member counties under the agreement, the 2
1899	1899	district has all the powers necessary or appropriate to 3
1900	1900	carry out its purposes, including, but not limited to, the 4
1901	1901	following: 5
1902	1902	(1) To adopt bylaws and rules for the regulation of 6
1903	1903	its affairs and the conduct of its business; 7
1904	1904	(2) To adopt an official seal; 8 SB 143 61
1905	1905	(3) To maintain an office at such place or places in 9
1906	1906	one or more of the member counties as the commission may 10
1907	1907	designate; 11
1908	1908	(4) To sue and be sued; 12
1909	1909	(5) To make and execute leases, contracts, releases, 13
1910	1910	compromises and other instruments necessary or convenient 14
1911	1911	for the exercise of its powers or to carry out its purposes; 15
1912	1912	(6) To acquire, construct, reconstruct, repair, alter, 16
1913	1913	improve, [and] equip, extend, and maintain jail facilities; 17
1914	1914	(7) To sell, lease, assign, mortgage, grant a security 18
1915	1915	interest in, exchange, donate and convey any or all of its 19
1916	1916	properties whenever the commission finds such action to be 20
1917	1917	in furtherance of the district's purposes; 21
1918	1918	(8) To collect rentals, fees and other charges in 22
1919	1919	connection with its services or for the use of any 23
1920	1920	facilities; 24
1921	1921	(9) To issue its bonds, notes or other obligations for 25
1922	1922	any of its corporate purposes and to refund the same. 26
1923	1923	221.405. 1. Any regional jail district created 1
1924	1924	pursuant to section 221.400 shall be governed by a 2
1925	1925	commission. The commission shall be composed of the sheriff 3
1926	1926	and presiding commissioner from each county within the 4
1927	1927	district. 5
1928	1928	2. Each commissioner shall serve during his tenure as 6
1929	1929	sheriff or as presiding commissioner. 7
1930	1930	3. Commissioners shall serve until their successors in 8
1931	1931	their county offices have [been duly appointed] assumed 9
1932	1932	office. Vacancies on the commission shall be filled by the 10
1933	1933	succeeding sheriff or presiding commissioner for the 11
1934	1934	remainder of the term. 12
1935	1935	4. Commissioners shall serve without compensation, 13
1936	1936	except that they shall be reimbursed by the district for 14 SB 143 62
1937	1937	their reasonable and necessary expenses in the performance 15
1938	1938	of their duties. 16
1939	1939	5. A jail commissioner from each county in the 17
1940	1940	district shall present a proposed budget to the county 18
1941	1941	commission. 19
1942	1942	221.407. 1. The commission of any regional jail 1
1943	1943	district may impose, by order, a sales tax in the amount of 2
1944	1944	[one-eighth of] up to one percent[, one-fourth of one 3
1945	1945	percent, three-eighths of one percent, or one-half of one 4
1946	1946	percent] on all retail sales made in such region which are 5
1947	1947	subject to taxation pursuant to the provisions of sections 6
1948	1948	144.010 to 144.525 for the purpose of providing jail 7
1949	1949	services [and court], facilities, and equipment for such 8
1950	1950	region. The tax authorized by this section shall be in 9
1951	1951	addition to any and all other sales taxes allowed by law, 10
1952	1952	except that no order imposing a sales tax pursuant to this 11
1953	1953	section shall be effective unless the commission submits to 12
1954	1954	the voters of the district, on any election date authorized 13
1955	1955	in chapter 115, a proposal to authorize the commission to 14
1956	1956	impose a tax. 15
1957	1957	2. The ballot of submission shall contain, but need 16
1958	1958	not be limited to, the following language: 17
1959	1959	18
1960	1960	19
1961	1961	20
1962	1962	21
1963	1963	22
1964	1964	Shall the ______________ (District name) regional
1965	1965	jail district [of ______ (counties' names)] impose
1966	1966	a region-wide sales tax of ______ (insert amount)
1967	1967	for the purpose of providing jail services [and
1968	1968	court], facilities, and equipment for the region?
1969	1969
1970	1970	23 □ YES □ NO
1971	1971	24
1972	1972	25
1973	1973	26
1974	1974	27
1975	1975	If you are in favor of the question, place an "X"
1976	1976	in the box opposite "YES". If you are opposed to
1977	1977	the question, place an "X" in the box opposite
1978	1978	"NO".
1979	1979	SB 143 63
1980	1980	If a majority of the votes cast on the proposal by the 28
1981	1981	qualified voters of the district voting thereon are in favor 29
1982	1982	of the proposal, then the order and any amendment to such 30
1983	1983	order shall be in effect on the first day of the second 31
1984	1984	quarter immediately following the election approving the 32
1985	1985	proposal. If the proposal receives less than the required 33
1986	1986	majority, the commission shall have no power to impose the 34
1987	1987	sales tax authorized pursuant to this section unless and 35
1988	1988	until the commission shall again have submitted another 36
1989	1989	proposal to authorize the commission to impose the sales tax 37
1990	1990	authorized by this section and such proposal is approved by 38
1991	1991	the [required] majority of the qualified voters of the 39
1992	1992	district voting on such proposal[; however, in no event 40
1993	1993	shall a proposal pursuant to this section be submitted to 41
1994	1994	the voters sooner than twelve months from the date of the 42
1995	1995	last submission of a proposal pursuant to this section]. 43
1996	1996	3. In the case of a county attempting to join an 44
1997	1997	existing district that levies a sales tax pursuant to 45
1998	1998	subsection 1 of this section, such joining with the district 46
1999	1999	shall not become effective until the approval of the voters 47
2000	2000	to levy the district sales tax in the county attempting to 48
2001	2001	join the district has been obtained. The election shall be 49
2002	2002	called by the county commission of the county attempting to 50
2003	2003	join the district, and the district shall by ordinance or 51
2004	2004	order provide that the sales tax shall be levied in the 52
2005	2005	joining county, subject to approval of the county voters as 53
2006	2006	herein provided. The ballot of submission shall contain, 54
2007	2007	but need not be limited to, the following language: 55
2008	2008	56
2009	2009	57
2010	2010	58
2011	2011	Shall the ______________ (District name) extend
2012	2012	its regional jail district sales tax of __________
2013	2013	(insert amount) to the boundaries of ________
2014	2014	SB 143 64
2015	2015	If a majority of the votes cast on the proposal by the 67
2016	2016	qualified voters of the county attempting to join the 68
2017	2017	district voting thereon are in favor of the proposal, then 69
2018	2018	the tax shall be in effect on the first day of the second 70
2019	2019	quarter immediately following the election approving the 71
2020	2020	proposal, the county shall have been deemed to have joined 72
2021	2021	the district pursuant to a rewritten agreement as provided 73
2022	2022	in subsection 3 of section 221.400, and the order of the 74
2023	2023	commission levying the tax shall also become effective as to 75
2024	2024	the joining county on said date. If the proposal receives 76
2025	2025	less than the required majority, the district shall have no 77
2026	2026	power to impose the sales tax authorized pursuant to this 78
2027	2027	section, and the county attempting to join the district 79
2028	2028	shall not be permitted to do so, unless and until the county 80
2029	2029	commission of the county attempting to join the district 81
2030	2030	shall again have submitted another proposal to authorize the 82
2031	2031	imposition of the sales tax authorized by this section and 83
2032	2032	such proposal is approved by the majority of the qualified 84
2033	2033	voters of the county attempting to join the district voting 85
2034	2034	on such proposal. 86
2035	2035	4. All revenue received by a district from the tax 87
2036	2036	authorized pursuant to this section shall be deposited in a 88
2037	2037	special trust fund and shall be used solely for providing 89
2038	2038	59
2039	2039	60
2040	2040	61
2041	2041	(name of joining county) for the purpose of
2042	2042	providing jail services, facilities, and equipment
2043	2043	for the region?
2044	2044	62 □ YES □ NO
2045	2045	63
2046	2046	64
2047	2047	65
2048	2048	66
2049	2049	If you are in favor of the question, place an "X"
2050	2050	in the box opposite "YES". If you are opposed to
2051	2051	the question, place an "X" in the box opposite
2052	2052	"NO".
2053	2053	SB 143 65
2054	2054	jail services [and court], facilities and equipment for such 90
2055	2055	district for so long as the tax shall remain in effect. 91
2056	2056	[4.] 5. Once the tax authorized by this section is 92
2057	2057	abolished or terminated by any means, all funds remaining in 93
2058	2058	the special trust fund shall be used solely for providing 94
2059	2059	jail services [and court], facilities and equipment for the 95
2060	2060	district. Any funds in such special trust fund which are 96
2061	2061	not needed for current expenditures may be invested by the 97
2062	2062	commission in accordance with applicable laws relating to 98
2063	2063	the investment of other county funds. 99
2064	2064	[5.] 6. All sales taxes collected by the director of 100
2065	2065	revenue pursuant to this section on behalf of any district, 101
2066	2066	less one percent for cost of collection which shall be 102
2067	2067	deposited in the state's general revenue fund after payment 103
2068	2068	of premiums for surety bonds as provided in section 32.087, 104
2069	2069	shall be deposited in a special trust fund, which is hereby 105
2070	2070	created, to be known as the "Regional Jail District Sales 106
2071	2071	Tax Trust Fund". The moneys in the regional jail district 107
2072	2072	sales tax trust fund shall not be deemed to be state funds 108
2073	2073	and shall not be commingled with any funds of the state. 109
2074	2074	The director of revenue shall keep accurate records of the 110
2075	2075	amount of money in the trust fund which was collected in 111
2076	2076	each district imposing a sales tax pursuant to this section, 112
2077	2077	and the records shall be open to the inspection of officers 113
2078	2078	of each member county and the public. Not later than the 114
2079	2079	tenth day of each month the director of revenue shall 115
2080	2080	distribute all moneys deposited in the trust fund during the 116
2081	2081	preceding month to the district which levied the tax. Such 117
2082	2082	funds shall be deposited with the treasurer of each such 118
2083	2083	district, and all expenditures of funds arising from the 119
2084	2084	regional jail district sales tax trust fund shall be paid 120
2085	2085	pursuant to an appropriation adopted by the commission and 121 SB 143 66
2086	2086	shall be approved by the commission. Expenditures may be 122
2087	2087	made from the fund for any [function authorized in the order 123
2088	2088	adopted by the commission submitting the regional jail 124
2089	2089	district tax to the voters] of the district's authorized 125
2090	2090	purposes. 126
2091	2091	[6.] 7. The director of revenue may make refunds from 127
2092	2092	the amounts in the trust fund and credited to any district 128
2093	2093	for erroneous payments and overpayments made, and may redeem 129
2094	2094	dishonored checks and drafts deposited to the credit of such 130
2095	2095	districts. If any district abolishes the tax, the 131
2096	2096	commission shall notify the director of revenue of the 132
2097	2097	action at least ninety days prior to the effective date of 133
2098	2098	the repeal, and the director of revenue may order retention 134
2099	2099	in the trust fund, for a period of one year, of two percent 135
2100	2100	of the amount collected after receipt of such notice to 136
2101	2101	cover possible refunds or overpayment of the tax and to 137
2102	2102	redeem dishonored checks and drafts deposited to the credit 138
2103	2103	of such accounts. After one year has elapsed after the 139
2104	2104	effective date of abolition of the tax in such district, the 140
2105	2105	director of revenue shall remit the balance in the account 141
2106	2106	to the district and close the account of that district. The 142
2107	2107	director of revenue shall notify each district in each 143
2108	2108	instance of any amount refunded or any check redeemed from 144
2109	2109	receipts due the district. 145
2110	2110	[7.] 8. Except as provided in this section, all 146
2111	2111	provisions of sections 32.085 and 32.087 shall apply to the 147
2112	2112	tax imposed pursuant to this section. 148
2113	2113	[8. The provisions of this section shall expire 149
2114	2114	September 30, 2028.] 150
2115	2115	221.410. Except as provided in sections 221.400 to 1
2116	2116	221.420 the regional jail commission shall have the 2
2117	2117	following powers and duties: 3 SB 143 67
2118	2118	(1) It shall implement the agreement approved by the 4
2119	2119	counties within the district under section 221.400; 5
2120	2120	(2) It shall determine the means to establish a 6
2121	2121	regional jail for the district; 7
2122	2122	(3) It shall appoint a director for the regional jail; 8
2123	2123	(4) It shall determine the initial budget for the 9
2124	2124	regional jail and shall approve, after a review and a 10
2125	2125	majority of the commissioners concurring therein, all 11
2126	2126	subsequent budgets, for which proposals may be submitted by 12
2127	2127	the director; 13
2128	2128	(5) It may determine the policies for the housing of 14
2129	2129	prisoners within the regional jail; 15
2130	2130	(6) It may buy, lease or sell real or personal 16
2131	2131	property for the purpose of establishing and maintaining a 17
2132	2132	regional jail, and it may contract with public or private 18
2133	2133	entities [for the planning and acquisition of a] to acquire, 19
2134	2134	construct, reconstruct, repair, alter, improve, equip, and 20
2135	2135	extend a regional jail; 21
2136	2136	(7) It may contract with [the department of 22
2137	2137	corrections and with cities and other counties in this 23
2138	2138	state] governmental entities, including, without limitation, 24
2139	2139	agencies and instrumentalities thereof, or private entities 25
2140	2140	for the housing of prisoners; 26
2141	2141	(8) It shall approve all positions to be created for 27
2142	2142	the purpose of administering the regional jail; and 28
2143	2143	(9) It shall approve a location for the regional jail 29
2144	2144	which is [generally central to] within the district. 30
2145	2145	221.523. 1. By January 1, 2026, all county and city 1
2146	2146	jails shall develop specific procedures for the intake and 2
2147	2147	care of pregnant women, which shall include procedures 3
2148	2148	regarding: 4
2149	2149	(1) Maternal health evaluations; 5 SB 143 68
2150	2150	(2) Dietary supplements, including prenatal vitamins; 6
2151	2151	(3) Timely and regular nutritious meals, which shall 7
2152	2152	include, at minimum, two thousand five hundred calories 8
2153	2153	total per day; 9
2154	2154	(4) Substance abuse treatment; 10
2155	2155	(5) Treatment for the human immunodeficiency virus and 11
2156	2156	ways to avoid human immunodeficiency virus transmission; 12
2157	2157	(6) Hepatitis C; 13
2158	2158	(7) Sleeping arrangements for such offenders, 14
2159	2159	including requiring such offenders to sleep on the bottom 15
2160	2160	bunk bed; 16
2161	2161	(8) Access to mental health professionals; 17
2162	2162	(9) Sanitary materials; and 18
2163	2163	(10) Postpartum recovery, including that no such woman 19
2164	2164	shall be placed in isolation during such recovery. 20
2165	2165	2. As used in this section, the following terms shall 21
2166	2166	mean: 22
2167	2167	(1) "Postpartum recovery", as determined by a 23
2168	2168	physician, the period immediately following delivery, 24
2169	2169	including the entire period an offender who was pregnant is 25
2170	2170	in the hospital or infirmary after delivery; 26
2171	2171	(2) "Pregnant woman", a pregnant woman in the custody 27
2172	2172	of a county or city jail. 28
2173	2173	287.243. 1. This section shall be known and may be 1
2174	2174	cited as the "Line of Duty Compensation Act". 2
2175	2175	2. As used in this section, unless otherwise provided, 3
2176	2176	the following words shall mean: 4
2177	2177	(1) "Air ambulance pilot", a person certified as an 5
2178	2178	air ambulance pilot in accordance with sections 190.001 to 6
2179	2179	190.245 and corresponding regulations applicable to air 7
2180	2180	ambulances adopted by the department of health and senior 8
2181	2181	services; 9 SB 143 69
2182	2182	(2) "Air ambulance registered professional nurse", a 10
2183	2183	person licensed as a registered professional nurse in 11
2184	2184	accordance with sections 335.011 to 335.096 and 12
2185	2185	corresponding regulations adopted by the state board of 13
2186	2186	nursing, 20 CSR 2200-4, et seq., who provides registered 14
2187	2187	professional nursing services as a flight nurse in 15
2188	2188	conjunction with an air ambulance program that is certified 16
2189	2189	in accordance with sections 190.001 to 190.245 and the 17
2190	2190	corresponding regulations applicable to such programs; 18
2191	2191	(3) "Air ambulance registered respiratory therapist", 19
2192	2192	a person licensed as a registered respiratory therapist in 20
2193	2193	accordance with sections 334.800 to 334.930 and 21
2194	2194	corresponding regulations adopted by the state board for 22
2195	2195	respiratory care, who provides respiratory therapy services 23
2196	2196	in conjunction with an air ambulance program that is 24
2197	2197	certified in accordance with sections 190.001 to 190.245 and 25
2198	2198	corresponding regulations applicable to such programs; 26
2199	2199	(4) "Child", any natural, illegitimate, adopted, or 27
2200	2200	posthumous child or stepchild of a deceased public safety 28
2201	2201	officer who, at the time of the public safety officer's 29
2202	2202	fatality is: 30
2203	2203	(a) Eighteen years of age or under; 31
2204	2204	(b) Over eighteen years of age and a student, as 32
2205	2205	defined in 5 U.S.C. Section 8101; or 33
2206	2206	(c) Over eighteen years of age and incapable of self- 34
2207	2207	support because of physical or mental disability; 35
2208	2208	(5) "Emergency medical technician", a person licensed 36
2209	2209	in emergency medical care in accordance with standards 37
2210	2210	prescribed by sections 190.001 to 190.245 and by rules 38
2211	2211	adopted by the department of health and senior services 39
2212	2212	under sections 190.001 to 190.245; 40 SB 143 70
2213	2213	(6) "Firefighter", any person, including a volunteer 41
2214	2214	firefighter, employed by the state or a local governmental 42
2215	2215	entity as an employer defined under subsection 1 of section 43
2216	2216	287.030, or otherwise serving as a member or officer of a 44
2217	2217	fire department either for the purpose of the prevention or 45
2218	2218	control of fire or the underwater recovery of drowning 46
2219	2219	victims; 47
2220	2220	(7) "Flight crew member", an individual engaged in 48
2221	2221	flight responsibilities with an air ambulance licensed in 49
2222	2222	accordance with sections 190.001 to 190.245 and 50
2223	2223	corresponding regulations applicable to such programs; 51
2224	2224	(8) "Killed in the line of duty", when any person 52
2225	2225	defined in this section loses his or her life when: 53
2226	2226	(a) Death is caused by an accident or the willful act 54
2227	2227	of violence of another; 55
2228	2228	(b) The public safety officer is in the active 56
2229	2229	performance of his or her duties in his or her respective 57
2230	2230	profession and there is a relationship between the accident 58
2231	2231	or commission of the act of violence and the performance of 59
2232	2232	the duty, even if the individual is off duty; the public 60
2233	2233	safety officer is traveling to or from employment; or the 61
2234	2234	public safety officer is taking any meal break or other 62
2235	2235	break which takes place while that individual is on duty; 63
2236	2236	(c) Death is the natural and probable consequence of 64
2237	2237	the injury; and 65
2238	2238	(d) Death occurs within three hundred weeks from the 66
2239	2239	date the injury was received. 67
2240	2240	The term excludes death resulting from the willful 68
2241	2241	misconduct or intoxication of the public safety officer. 69
2242	2242	The division of workers' compensation shall have the burden 70
2243	2243	of proving such willful misconduct or intoxication; 71 SB 143 71
2244	2244	(9) "Law enforcement officer", any person employed by 72
2245	2245	the state or a local governmental entity as a police 73
2246	2246	officer, peace officer certified under chapter 590, or 74
2247	2247	serving as an auxiliary police officer or in some like 75
2248	2248	position involving the enforcement of the law and protection 76
2249	2249	of the public interest at the risk of that person's life; 77
2250	2250	(10) "Local governmental entity", includes counties, 78
2251	2251	municipalities, townships, board or other political 79
2252	2252	subdivision, cities under special charter, or under the 80
2253	2253	commission form of government, fire protection districts, 81
2254	2254	ambulance districts, and municipal corporations; 82
2255	2255	(11) "Public safety officer", any law enforcement 83
2256	2256	officer, firefighter, uniformed employee of the office of 84
2257	2257	the state fire marshal, emergency medical technician, police 85
2258	2258	officer, capitol police officer, parole officer, probation 86
2259	2259	officer, state correctional employee, water safety officer, 87
2260	2260	park ranger, conservation officer, or highway patrolman 88
2261	2261	employed by the state of Missouri or a political subdivision 89
2262	2262	thereof who is killed in the line of duty or any emergency 90
2263	2263	medical technician, air ambulance pilot, air ambulance 91
2264	2264	registered professional nurse, air ambulance registered 92
2265	2265	respiratory therapist, or flight crew member who is killed 93
2266	2266	in the line of duty; 94
2267	2267	(12) "State", the state of Missouri and its 95
2268	2268	departments, divisions, boards, bureaus, commissions, 96
2269	2269	authorities, and colleges and universities; 97
2270	2270	(13) "Volunteer firefighter", a person having 98
2271	2271	principal employment other than as a firefighter, but who is 99
2272	2272	carried on the rolls of a regularly constituted fire 100
2273	2273	department either for the purpose of the prevention or 101
2274	2274	control of fire or the underwater recovery of drowning 102
2275	2275	victims, the members of which are under the jurisdiction of 103 SB 143 72
2276	2276	the corporate authorities of a city, village, incorporated 104
2277	2277	town, or fire protection district. Volunteer firefighter 105
2278	2278	shall not mean an individual who volunteers assistance 106
2279	2279	without being regularly enrolled as a firefighter. 107
2280	2280	3. (1) A claim for compensation under this section 108
2281	2281	shall be filed by survivors of the deceased with the 109
2282	2282	division of workers' compensation not later than one year 110
2283	2283	from the date of death of a public safety officer. If a 111
2284	2284	claim is made within one year of the date of death of a 112
2285	2285	public safety officer killed in the line of duty, 113
2286	2286	compensation shall be paid, if the division finds that the 114
2287	2287	claimant is entitled to compensation under this section. 115
2288	2288	(2) The amount of compensation paid to the claimant 116
2289	2289	shall be twenty-five thousand dollars, subject to 117
2290	2290	appropriation, for death occurring on or after June 19, 118
2291	2291	2009, but before August 28, 2025. 119
2292	2292	(3) The amount of compensation paid to the claimant 120
2293	2293	shall be one hundred thousand dollars, subject to 121
2294	2294	appropriation, for death occurring on or after the effective 122
2295	2295	date of this section. The amount of compensation paid, 123
2296	2296	subject to the modifications under subdivision (4) of this 124
2297	2297	subsection, shall be determined as the amount in effect as 125
2298	2298	of the date of death of the public safety officer. 126
2299	2299	(4) Beginning with the 2026 calendar year, the amount 127
2300	2300	of compensation paid as identified under subdivision (3) of 128
2301	2301	this subsection shall be adjusted annually by the percent 129
2302	2302	increase in the Consumer Price Index for All Urban 130
2303	2303	Consumers, or its successor index, as such index is defined 131
2304	2304	and officially reported by the United States Department of 132
2305	2305	Labor, or its successor agency. Such annual adjustment 133
2306	2306	under this subdivision, however, shall not decrease the 134
2307	2307	amount of compensation paid to an amount less than one 135 SB 143 73
2308	2308	hundred thousand dollars. The department of labor and 136
2309	2309	industrial relations shall annually publish such adjusted 137
2310	2310	amount. The modification shall take effect on January first 138
2311	2311	of each calendar year and shall apply to all calendar years 139
2312	2312	beginning on or after the effective date of the adjusted 140
2313	2313	compensation amount, until the next modification occurs. 141
2314	2314	4. Any compensation awarded under the provisions of 142
2315	2315	this section shall be distributed as follows: 143
2316	2316	(1) To the surviving spouse of the public safety 144
2317	2317	officer if there is no child who survived the public safety 145
2318	2318	officer; 146
2319	2319	(2) Fifty percent to the surviving child, or children, 147
2320	2320	in equal shares, and fifty percent to the surviving spouse 148
2321	2321	if there is at least one child who survived the public 149
2322	2322	safety officer, and a surviving spouse of the public safety 150
2323	2323	officer; 151
2324	2324	(3) To the surviving child, or children, in equal 152
2325	2325	shares, if there is no surviving spouse of the public safety 153
2326	2326	officer; 154
2327	2327	(4) If there is no surviving spouse of the public 155
2328	2328	safety officer and no surviving child: 156
2329	2329	(a) To the surviving individual, or individuals, in 157
2330	2330	shares per the designation or, otherwise, in equal shares, 158
2331	2331	designated by the public safety officer to receive benefits 159
2332	2332	under this subsection in the most recently executed 160
2333	2333	designation of beneficiary of the public safety officer on 161
2334	2334	file at the time of death with the public safety agency, 162
2335	2335	organization, or unit; or 163
2336	2336	(b) To the surviving individual, or individuals, in 164
2337	2337	equal shares, designated by the public safety officer to 165
2338	2338	receive benefits under the most recently executed life 166
2339	2339	insurance policy of the public safety officer on file at the 167 SB 143 74
2340	2340	time of death with the public safety agency, organization, 168
2341	2341	or unit if there is no individual qualifying under paragraph 169
2342	2342	(a) of this subdivision; 170
2343	2343	(5) To the surviving parent, or parents, in equal 171
2344	2344	shares, of the public safety officer if there is no 172
2345	2345	individual qualifying under subdivision (1), (2), (3), or 173
2346	2346	(4) of this subsection; or 174
2347	2347	(6) To the surviving individual, or individuals, in 175
2348	2348	equal shares, who would qualify under the definition of the 176
2349	2349	term "child" but for age if there is no individual 177
2350	2350	qualifying under subdivision (1), (2), (3), (4), or (5) of 178
2351	2351	this subsection. 179
2352	2352	5. Notwithstanding subsection 3 of this section, no 180
2353	2353	compensation is payable under this section unless a claim is 181
2354	2354	filed within the time specified under this section setting 182
2355	2355	forth: 183
2356	2356	(1) The name, address, and title or designation of the 184
2357	2357	position in which the public safety officer was serving at 185
2358	2358	the time of his or her death; 186
2359	2359	(2) The name and address of the claimant; 187
2360	2360	(3) A full, factual account of the circumstances 188
2361	2361	resulting in or the course of events causing the death at 189
2362	2362	issue; and 190
2363	2363	(4) Such other information that is reasonably required 191
2364	2364	by the division. 192
2365	2365	When a claim is filed, the division of workers' compensation 193
2366	2366	shall make an investigation for substantiation of matters 194
2367	2367	set forth in the application. 195
2368	2368	6. The compensation provided for under this section is 196
2369	2369	in addition to, and not exclusive of, any pension rights, 197 SB 143 75
2370	2370	death benefits, or other compensation the claimant may 198
2371	2371	otherwise be entitled to by law. 199
2372	2372	7. Neither employers nor workers' compensation 200
2373	2373	insurers shall have subrogation rights against any 201
2374	2374	compensation awarded for claims under this section. Such 202
2375	2375	compensation shall not be assignable, shall be exempt from 203
2376	2376	attachment, garnishment, and execution, and shall not be 204
2377	2377	subject to setoff or counterclaim, or be in any way liable 205
2378	2378	for any debt, except that the division or commission may 206
2379	2379	allow as lien on the compensation, reasonable attorney's 207
2380	2380	fees for services in connection with the proceedings for 208
2381	2381	compensation if the services are found to be necessary. 209
2382	2382	Such fees are subject to regulation as set forth in section 210
2383	2383	287.260. 211
2384	2384	8. Any person seeking compensation under this section 212
2385	2385	who is aggrieved by the decision of the division of workers' 213
2386	2386	compensation regarding his or her compensation claim, may 214
2387	2387	make application for a hearing as provided in section 215
2388	2388	287.450. The procedures applicable to the processing of 216
2389	2389	such hearings and determinations shall be those established 217
2390	2390	by this chapter. Decisions of the administrative law judge 218
2391	2391	under this section shall be binding, subject to review by 219
2392	2392	either party under the provisions of section 287.480. 220
2393	2393	9. Pursuant to section 23.253 of the Missouri sunset 221
2394	2394	act: 222
2395	2395	(1) The provisions of the new program authorized under 223
2396	2396	this section shall be reauthorized as of August 28, 2025, 224
2397	2397	and shall automatically sunset [six years after June 19, 225
2398	2398	2019] on December 31, 2031, unless reauthorized by an act of 226
2399	2399	the general assembly; and 227
2400	2400	(2) If such program is reauthorized, the program 228
2401	2401	authorized under this section shall automatically sunset 229 SB 143 76
2402	2402	twelve years after the effective date of the reauthorization 230
2403	2403	of this section; and 231
2404	2404	(3) This section shall terminate on September first of 232
2405	2405	the calendar year immediately following the calendar year in 233
2406	2406	which the program authorized under this section is sunset. 234
2407	2407	10. The provisions of this section, unless specified, 235
2408	2408	shall not be subject to other provisions of this chapter. 236
2409	2409	11. There is hereby created in the state treasury the 237
2410	2410	"Line of Duty Compensation Fund", which shall consist of 238
2411	2411	moneys appropriated to the fund and any voluntary 239
2412	2412	contributions, gifts, or bequests to the fund. The state 240
2413	2413	treasurer shall be custodian of the fund and shall approve 241
2414	2414	disbursements from the fund in accordance with sections 242
2415	2415	30.170 and 30.180. Upon appropriation, money in the fund 243
2416	2416	shall be used solely for paying claims under this section. 244
2417	2417	Notwithstanding the provisions of section 33.080 to the 245
2418	2418	contrary, any moneys remaining in the fund at the end of the 246
2419	2419	biennium shall not revert to the credit of the general 247
2420	2420	revenue fund. The state treasurer shall invest moneys in 248
2421	2421	the fund in the same manner as other funds are invested. 249
2422	2422	Any interest and moneys earned on such investments shall be 250
2423	2423	credited to the fund. 251
2424	2424	12. The division shall promulgate rules to administer 252
2425	2425	this section, including but not limited to the appointment 253
2426	2426	of claims to multiple claimants, record retention, and 254
2427	2427	procedures for information requests. Any rule or portion of 255
2428	2428	a rule, as that term is defined in section 536.010, that is 256
2429	2429	created under the authority delegated in this section shall 257
2430	2430	become effective only if it complies with and is subject to 258
2431	2431	all of the provisions of chapter 536 and, if applicable, 259
2432	2432	section 536.028. This section and chapter 536 are 260
2433	2433	nonseverable and if any of the powers vested with the 261 SB 143 77
2434	2434	general assembly under chapter 536 to review, to delay the 262
2435	2435	effective date, or to disapprove and annul a rule are 263
2436	2436	subsequently held unconstitutional, then the grant of 264
2437	2437	rulemaking authority and any rule proposed or adopted after 265
2438	2438	June 19, 2009, shall be invalid and void. 266
2439	2439	292.606. 1. Fees shall be collected for a period of 1
2440	2440	six years from August 28, [2018] 2025. 2
2441	2441	2. (1) Any employer required to report under 3
2442	2442	subsection 1 of section 292.605, except local governments 4
2443	2443	and family-owned farm operations, shall submit an annual fee 5
2444	2444	to the commission of one hundred dollars along with the Tier 6
2445	2445	II form. Owners or operators of petroleum retail facilities 7
2446	2446	shall pay a fee of no more than fifty dollars for each such 8
2447	2447	facility. Any person, firm or corporation selling, 9
2448	2448	delivering or transporting petroleum or petroleum products 10
2449	2449	and whose primary business deals with petroleum products or 11
2450	2450	who is covered by the provisions of chapter 323, if such 12
2451	2451	person, firm or corporation is paying fees under the 13
2452	2452	provisions of the federal hazardous materials transportation 14
2453	2453	registration and fee assessment program, shall deduct such 15
2454	2454	federal fees from those fees owed to the state under the 16
2455	2455	provisions of this subsection. If the federal fees exceed 17
2456	2456	or are equal to what would otherwise be owed under this 18
2457	2457	subsection, such employer shall not be liable for state fees 19
2458	2458	under this subsection. In relation to petroleum products 20
2459	2459	"primary business" shall mean that the person, firm or 21
2460	2460	corporation shall earn more than fifty percent of hazardous 22
2461	2461	chemical revenues from the sale, delivery or transport of 23
2462	2462	petroleum products. For the purpose of calculating fees, 24
2463	2463	all grades of gasoline are considered to be one product, all 25
2464	2464	grades of heating oils, diesel fuels, kerosenes, naphthas, 26
2465	2465	aviation turbine fuel, and all other heavy distillate 27 SB 143 78
2466	2466	products except for grades of gasoline are considered to be 28
2467	2467	one product, and all varieties of motor lubricating oil are 29
2468	2468	considered to be one product. For the purposes of this 30
2469	2469	section "facility" shall mean all buildings, equipment, 31
2470	2470	structures and other stationary items that are located on a 32
2471	2471	single site or on contiguous or adjacent sites and which are 33
2472	2472	owned or operated by the same person. If more than three 34
2473	2473	hazardous substances or mixtures are reported on the Tier II 35
2474	2474	form, the employer shall submit an additional twenty-dollar 36
2475	2475	fee for each hazardous substance or mixture. Fees collected 37
2476	2476	under this subdivision shall be for each hazardous chemical 38
2477	2477	on hand at any one time in excess of ten thousand pounds or 39
2478	2478	for extremely hazardous substances on hand at any one time 40
2479	2479	in excess of five hundred pounds or the threshold planning 41
2480	2480	quantity, whichever is less, or for explosives or blasting 42
2481	2481	agents on hand at any one time in excess of one hundred 43
2482	2482	pounds. However, no employer shall pay more than ten 44
2483	2483	thousand dollars per year in fees. Moneys acquired through 45
2484	2484	litigation and any administrative fees paid pursuant to 46
2485	2485	subsection 3 of this section shall not be applied toward 47
2486	2486	this cap. 48
2487	2487	(2) Employers engaged in transporting hazardous 49
2488	2488	materials by pipeline except local gas distribution 50
2489	2489	companies regulated by the Missouri public service 51
2490	2490	commission shall pay to the commission a fee of two hundred 52
2491	2491	fifty dollars for each county in which they operate. 53
2492	2492	(3) Payment of fees is due each year by March first. 54
2493	2493	A late fee of ten percent of the total owed, plus one 55
2494	2494	percent per month of the total, may be assessed by the 56
2495	2495	commission. 57
2496	2496	(4) If, on March first of each year, fees collected 58
2497	2497	under this section and natural resources damages made 59 SB 143 79
2498	2498	available pursuant to section 640.235 exceed one million 60
2499	2499	dollars, any excess over one million dollars shall be 61
2500	2500	proportionately credited to fees payable in the succeeding 62
2501	2501	year by each employer who was required to pay a fee and who 63
2502	2502	did pay a fee in the year in which the excess occurred. The 64
2503	2503	limit of one million dollars contained herein shall be 65
2504	2504	reviewed by the commission concurrent with the review of 66
2505	2505	fees as required in subsection 1 of this section. 67
2506	2506	3. Beginning January 1, 2013, any employer filing its 68
2507	2507	Tier II form pursuant to subsection 1 of section 292.605 may 69
2508	2508	request that the commission distribute that employer's Tier 70
2509	2509	II report to the local emergency planning committees and 71
2510	2510	fire departments listed in its Tier II report. Any employer 72
2511	2511	opting to have the commission distribute its Tier II report 73
2512	2512	shall pay an additional fee of ten dollars for each facility 74
2513	2513	listed in the report at the time of filing to recoup the 75
2514	2514	commission's distribution costs. Fees shall be deposited in 76
2515	2515	the chemical emergency preparedness fund established under 77
2516	2516	section 292.607. An employer who pays the additional fee 78
2517	2517	and whose Tier II report includes all local emergency 79
2518	2518	planning committees and fire departments required to be 80
2519	2519	notified under subsection 1 of section 292.605 shall satisfy 81
2520	2520	the reporting requirements of subsection 1 of section 82
2521	2521	292.605. The commission shall develop a mechanism for an 83
2522	2522	employer to exercise its option to have the commission 84
2523	2523	distribute its Tier II report. 85
2524	2524	4. Local emergency planning committees receiving funds 86
2525	2525	under section 292.604 shall coordinate with the commission 87
2526	2526	and the department in chemical emergency planning, training, 88
2527	2527	preparedness, and response activities. Local emergency 89
2528	2528	planning committees receiving funds under this section, 90
2529	2529	section 260.394, sections 292.602, 292.604, 292.605, 292.615 91 SB 143 80
2530	2530	and section 640.235 shall provide to the commission an 92
2531	2531	annual report of expenditures and activities. 93
2532	2532	5. Fees collected by the department and all funds 94
2533	2533	provided to local emergency planning committees shall be 95
2534	2534	used for chemical emergency preparedness purposes as 96
2535	2535	outlined in sections 292.600 to 292.625 and the federal act, 97
2536	2536	including contingency planning for chemical releases; 98
2537	2537	exercising, evaluating, and distributing plans, providing 99
2538	2538	training related to chemical emergency preparedness and 100
2539	2539	prevention of chemical accidents; identifying facilities 101
2540	2540	required to report; processing the information submitted by 102
2541	2541	facilities and making it available to the public; receiving 103
2542	2542	and handling emergency notifications of chemical releases; 104
2543	2543	operating a local emergency planning committee; and 105
2544	2544	providing public notice of chemical preparedness 106
2545	2545	activities. Local emergency planning committees receiving 107
2546	2546	funds under this section may combine such funds with other 108
2547	2547	local emergency planning committees to further the purposes 109
2548	2548	of sections 292.600 to 292.625, or the federal act. 110
2549	2549	6. The commission shall establish criteria and 111
2550	2550	guidance on how funds received by local emergency planning 112
2551	2551	committees may be used. 113
2552	2552	301.260. 1. The director of revenue shall issue 1
2553	2553	certificates for all cars owned by the state of Missouri and 2
2554	2554	shall assign to each of such cars two plates bearing the 3
2555	2555	words: "State of Missouri, official car number ______" (with 4
2556	2556	the number inserted thereon), which plates shall be 5
2557	2557	displayed on such cars when they are being used on the 6
2558	2558	highways. No officer or employee or other person shall use 7
2559	2559	such a motor vehicle for other than official use. 8
2560	2560	2. (1) Motor vehicles used as ambulances, patrol 9
2561	2561	wagons and fire apparatus, owned by any municipality of this 10 SB 143 81
2562	2562	state, shall be exempt from all of the provisions of 11
2563	2563	sections 301.010 to 301.440 while being operated within the 12
2564	2564	limits of such municipality, but the municipality may 13
2565	2565	regulate the speed and use of such motor vehicles owned by 14
2566	2566	them; and all other motor vehicles owned by municipalities, 15
2567	2567	counties and other political subdivisions of the state shall 16
2568	2568	be exempt from the provisions of sections 301.010 to 301.440 17
2569	2569	requiring registration, proof of ownership and display of 18
2570	2570	number plates; provided, however, that there shall be a 19
2571	2571	plate, or, on each side of such motor vehicle, letters not 20
2572	2572	less than three inches in height with a stroke of not less 21
2573	2573	than three-eighths of an inch wide, to display the name of 22
2574	2574	such municipality, county or political subdivision, the 23
2575	2575	department thereof, and a distinguishing number. Provided, 24
2576	2576	further, that when any motor vehicle is owned and operated 25
2577	2577	exclusively by any school district and used solely for 26
2578	2578	transportation of school children, the commissioner shall 27
2579	2579	assign to each of such motor vehicles two plates bearing the 28
2580	2580	words "School Bus, State of Missouri, car no. ______" (with 29
2581	2581	the number inserted thereon), which plates shall be 30
2582	2582	displayed on such motor vehicles when they are being used on 31
2583	2583	the highways. No officer, or employee of the municipality, 32
2584	2584	county or subdivision, or any other person shall operate 33
2585	2585	such a motor vehicle unless the same is marked as herein 34
2586	2586	provided, and no officer, employee or other person shall use 35
2587	2587	such a motor vehicle for other than official purposes. 36
2588	2588	(2) Prior to operation of a vehicle under this 37
2589	2589	subsection, the political subdivision owning the vehicle 38
2590	2590	shall submit to the department of revenue a description of 39
2591	2591	the information to be displayed on the vehicle for purposes 40
2592	2592	of complying with this subsection, a description of the 41
2593	2593	configuration and content of any plate or plates to be 42 SB 143 82
2594	2594	displayed on the vehicle, and the vehicle identification 43
2595	2595	number of the vehicle. No vehicle owned by a political 44
2596	2596	subdivision shall be operated under this subsection except 45
2597	2597	in accordance with an accurate submission made to, and 46
2598	2598	approved by, the department of revenue. 47
2599	2599	3. For registration purposes only, a public school or 48
2600	2600	college shall be considered the temporary owner of a vehicle 49
2601	2601	acquired from a motor vehicle dealer which is to be used as 50
2602	2602	a courtesy vehicle or a driver training vehicle. The school 51
2603	2603	or college shall present to the director of revenue a copy 52
2604	2604	of a lease agreement with an option to purchase clause 53
2605	2605	between the authorized motor vehicle dealer and the school 54
2606	2606	or college and a photocopy of the front and back of the 55
2607	2607	dealer's vehicle manufacturer's statement of origin or 56
2608	2608	certificate of title, and shall make application for and be 57
2609	2609	granted a nonnegotiable certificate of ownership and be 58
2610	2610	issued the appropriate license plates. Registration plates 59
2611	2611	are not necessary on a driver training vehicle when the 60
2612	2612	motor vehicle is plainly marked as a driver training vehicle 61
2613	2613	while being used for such purpose and such vehicle can also 62
2614	2614	be used in conjunction with the activities of the 63
2615	2615	educational institution. 64
2616	2616	4. As used in this section, the term "political 65
2617	2617	subdivision" is intended to include any township, road 66
2618	2618	district, sewer district, school district, municipality, 67
2619	2619	town or village, sheltered workshop, as defined in section 68
2620	2620	178.900, and any interstate compact agency which operates a 69
2621	2621	public mass transportation system. 70
2622	2622	5. The department of revenue may promulgate rules as 71
2623	2623	necessary for the implementation of this section. Any rule 72
2624	2624	or portion of a rule, as that term is defined in section 73
2625	2625	536.010, that is created under the authority delegated in 74 SB 143 83
2626	2626	this section shall become effective only if it complies with 75
2627	2627	and is subject to all of the provisions of chapter 536 and, 76
2628	2628	if applicable, section 536.028. This section and chapter 77
2629	2629	536 are nonseverable and if any of the powers vested with 78
2630	2630	the general assembly pursuant to chapter 536 to review, to 79
2631	2631	delay the effective date, or to disapprove and annul a rule 80
2632	2632	are subsequently held unconstitutional, then the grant of 81
2633	2633	rulemaking authority and any rule proposed or adopted after 82
2634	2634	August 28, 2025, shall be invalid and void. 83
2635	2635	[304.022. 1. Upon the immediate approach 1
2636	2636	of an emergency vehicle giving audible signal by 2
2637	2637	siren or while having at least one lighted lamp 3
2638	2638	exhibiting red light visible under normal 4
2639	2639	atmospheric conditions from a distance of five 5
2640	2640	hundred feet to the front of such vehicle or a 6
2641	2641	flashing blue light authorized by section 7
2642	2642	307.175, the driver of every other vehicle shall 8
2643	2643	yield the right-of-way and shall immediately 9
2644	2644	drive to a position parallel to, and as far as 10
2645	2645	possible to the right of, the traveled portion 11
2646	2646	of the highway and thereupon stop and remain in 12
2647	2647	such position until such emergency vehicle has 13
2648	2648	passed, except when otherwise directed by a 14
2649	2649	police or traffic officer. 15
2650	2650	2. Upon approaching a stationary vehicle 16
2651	2651	displaying lighted red or red and blue lights, 17
2652	2652	or a stationary vehicle displaying lighted amber 18
2653	2653	or amber and white lights, the driver of every 19
2654	2654	motor vehicle shall: 20
2655	2655	(1) Proceed with caution and yield the 21
2656	2656	right-of-way, if possible with due regard to 22
2657	2657	safety and traffic conditions, by making a lane 23
2658	2658	change into a lane not adjacent to that of the 24
2659	2659	stationary vehicle, if on a roadway having at 25
2660	2660	least four lanes with not less than two lanes 26
2661	2661	proceeding in the same direction as the 27
2662	2662	approaching vehicle; or 28
2663	2663	(2) Proceed with due caution and reduce 29
2664	2664	the speed of the vehicle, maintaining a safe 30 SB 143 84
2665	2665	speed for road conditions, if changing lanes 31
2666	2666	would be unsafe or impossible. 32
2667	2667	3. The motorman of every streetcar shall 33
2668	2668	immediately stop such car clear of any 34
2669	2669	intersection and keep it in such position until 35
2670	2670	the emergency vehicle has passed, except as 36
2671	2671	otherwise directed by a police or traffic 37
2672	2672	officer. 38
2673	2673	4. An "emergency vehicle" is a vehicle of 39
2674	2674	any of the following types: 40
2675	2675	(1) A vehicle operated by the state 41
2676	2676	highway patrol, the state water patrol, the 42
2677	2677	Missouri capitol police, a conservation agent, 43
2678	2678	or a state or a county or municipal park ranger, 44
2679	2679	those vehicles operated by enforcement personnel 45
2680	2680	of the state highways and transportation 46
2681	2681	commission, police or fire department, sheriff, 47
2682	2682	constable or deputy sheriff, federal law 48
2683	2683	enforcement officer authorized to carry firearms 49
2684	2684	and to make arrests for violations of the laws 50
2685	2685	of the United States, traffic officer, coroner, 51
2686	2686	medical examiner, or forensic investigator of 52
2687	2687	the county medical examiner's office, or by a 53
2688	2688	privately owned emergency vehicle company; 54
2689	2689	(2) A vehicle operated as an ambulance or 55
2690	2690	operated commercially for the purpose of 56
2691	2691	transporting emergency medical supplies or 57
2692	2692	organs; 58
2693	2693	(3) Any vehicle qualifying as an emergency 59
2694	2694	vehicle pursuant to section 307.175; 60
2695	2695	(4) Any wrecker, or tow truck or a vehicle 61
2696	2696	owned and operated by a public utility or public 62
2697	2697	service corporation while performing emergency 63
2698	2698	service; 64
2699	2699	(5) Any vehicle transporting equipment 65
2700	2700	designed to extricate human beings from the 66
2701	2701	wreckage of a motor vehicle; 67
2702	2702	(6) Any vehicle designated to perform 68
2703	2703	emergency functions for a civil defense or 69
2704	2704	emergency management agency established pursuant 70
2705	2705	to the provisions of chapter 44; 71
2706	2706	(7) Any vehicle operated by an authorized 72
2707	2707	employee of the department of corrections who, 73
2708	2708	as part of the employee's official duties, is 74 SB 143 85
2709	2709	responding to a riot, disturbance, hostage 75
2710	2710	incident, escape or other critical situation 76
2711	2711	where there is the threat of serious physical 77
2712	2712	injury or death, responding to mutual aid call 78
2713	2713	from another criminal justice agency, or in 79
2714	2714	accompanying an ambulance which is transporting 80
2715	2715	an offender to a medical facility; 81
2716	2716	(8) Any vehicle designated to perform 82
2717	2717	hazardous substance emergency functions 83
2718	2718	established pursuant to the provisions of 84
2719	2719	sections 260.500 to 260.550; 85
2720	2720	(9) Any vehicle owned by the state 86
2721	2721	highways and transportation commission and 87
2722	2722	operated by an authorized employee of the 88
2723	2723	department of transportation that is marked as a 89
2724	2724	department of transportation emergency response 90
2725	2725	or motorist assistance vehicle; or 91
2726	2726	(10) Any vehicle owned and operated by the 92
2727	2727	civil support team of the Missouri National 93
2728	2728	Guard while in response to or during operations 94
2729	2729	involving chemical, biological, or radioactive 95
2730	2730	materials or in support of official requests 96
2731	2731	from the state of Missouri involving unknown 97
2732	2732	substances, hazardous materials, or as may be 98
2733	2733	requested by the appropriate state agency acting 99
2734	2734	on behalf of the governor. 100
2735	2735	5. (1) The driver of any vehicle referred 101
2736	2736	to in subsection 4 of this section shall not 102
2737	2737	sound the siren thereon or have the front red 103
2738	2738	lights or blue lights on except when such 104
2739	2739	vehicle is responding to an emergency call or 105
2740	2740	when in pursuit of an actual or suspected law 106
2741	2741	violator, or when responding to, but not upon 107
2742	2742	returning from, a fire. 108
2743	2743	(2) The driver of an emergency vehicle may: 109
2744	2744	(a) Park or stand irrespective of the 110
2745	2745	provisions of sections 304.014 to 304.025; 111
2746	2746	(b) Proceed past a red or stop signal or 112
2747	2747	stop sign, but only after slowing down as may be 113
2748	2748	necessary for safe operation; 114
2749	2749	(c) Exceed the prima facie speed limit so 115
2750	2750	long as the driver does not endanger life or 116
2751	2751	property; 117 SB 143 86
2752	2752	(d) Disregard regulations governing 118
2753	2753	direction of movement or turning in specified 119
2754	2754	directions. 120
2755	2755	(3) The exemptions granted to an emergency 121
2756	2756	vehicle pursuant to subdivision (2) of this 122
2757	2757	subsection shall apply only when the driver of 123
2758	2758	any such vehicle while in motion sounds audible 124
2759	2759	signal by bell, siren, or exhaust whistle as may 125
2760	2760	be reasonably necessary, and when the vehicle is 126
2761	2761	equipped with at least one lighted lamp 127
2762	2762	displaying a red light or blue light visible 128
2763	2763	under normal atmospheric conditions from a 129
2764	2764	distance of five hundred feet to the front of 130
2765	2765	such vehicle. 131
2766	2766	6. No person shall purchase an emergency 132
2767	2767	light as described in this section without 133
2768	2768	furnishing the seller of such light an affidavit 134
2769	2769	stating that the light will be used exclusively 135
2770	2770	for emergency vehicle purposes. 136
2771	2771	7. Violation of this section shall be 137
2772	2772	deemed a class A misdemeanor.] 138
2773	2773	304.022. 1. Upon the immediate approach of an 1
2774	2774	emergency vehicle giving audible signal by siren or while 2
2775	2775	having at least one lighted lamp exhibiting red light 3
2776	2776	visible under normal atmospheric conditions from a distance 4
2777	2777	of five hundred feet to the front of such vehicle or a 5
2778	2778	flashing blue light authorized by section 307.175, the 6
2779	2779	driver of every other vehicle shall yield the right-of-way 7
2780	2780	and shall immediately drive to a position parallel to, and 8
2781	2781	as far as possible to the right of, the traveled portion of 9
2782	2782	the highway and thereupon stop and remain in such position 10
2783	2783	until such emergency vehicle has passed, except when 11
2784	2784	otherwise directed by a police or traffic officer. 12
2785	2785	2. Upon approaching a stationary vehicle displaying 13
2786	2786	lighted red or red and blue lights, or a stationary vehicle 14
2787	2787	displaying lighted amber or amber and white lights, the 15
2788	2788	driver of every motor vehicle shall: 16 SB 143 87
2789	2789	(1) Proceed with caution and yield the right-of-way, 17
2790	2790	if possible with due regard to safety and traffic 18
2791	2791	conditions, by making a lane change into a lane not adjacent 19
2792	2792	to that of the stationary vehicle, if on a roadway having at 20
2793	2793	least four lanes with not less than two lanes proceeding in 21
2794	2794	the same direction as the approaching vehicle; or 22
2795	2795	(2) Proceed with due caution and reduce the speed of 23
2796	2796	the vehicle, maintaining a safe speed for road conditions, 24
2797	2797	if changing lanes would be unsafe or impossible. 25
2798	2798	3. The motorman of every streetcar shall immediately 26
2799	2799	stop such car clear of any intersection and keep it in such 27
2800	2800	position until the emergency vehicle has passed, except as 28
2801	2801	otherwise directed by a police or traffic officer. 29
2802	2802	4. An "emergency vehicle" is a vehicle of any of the 30
2803	2803	following types: 31
2804	2804	(1) A vehicle operated by a state fire investigator, 32
2805	2805	the state highway patrol, the state water patrol, the 33
2806	2806	Missouri capitol police, a conservation agent, or a state or 34
2807	2807	a county or municipal park ranger, those vehicles operated 35
2808	2808	by enforcement personnel of the state highways and 36
2809	2809	transportation commission, police or fire department, 37
2810	2810	sheriff, constable or deputy sheriff, federal law 38
2811	2811	enforcement officer authorized to carry firearms and to make 39
2812	2812	arrests for violations of the laws of the United States, 40
2813	2813	traffic officer, coroner, medical examiner, or forensic 41
2814	2814	investigator of the county medical examiner's office, or by 42
2815	2815	a privately owned emergency vehicle company; 43
2816	2816	(2) A vehicle operated as an ambulance or operated 44
2817	2817	commercially for the purpose of transporting emergency 45
2818	2818	medical supplies or organs; 46
2819	2819	(3) Any vehicle qualifying as an emergency vehicle 47
2820	2820	pursuant to section 307.175; 48 SB 143 88
2821	2821	(4) Any wrecker, or tow truck or a vehicle owned and 49
2822	2822	operated by a public utility or public service corporation 50
2823	2823	while performing emergency service; 51
2824	2824	(5) Any vehicle transporting equipment designed to 52
2825	2825	extricate human beings from the wreckage of a motor vehicle; 53
2826	2826	(6) Any vehicle designated to perform emergency 54
2827	2827	functions for a civil defense or emergency management agency 55
2828	2828	established pursuant to the provisions of chapter 44; 56
2829	2829	(7) Any vehicle operated by an authorized employee of 57
2830	2830	the department of corrections who, as part of the employee's 58
2831	2831	official duties, is responding to a riot, disturbance, 59
2832	2832	hostage incident, escape or other critical situation where 60
2833	2833	there is the threat of serious physical injury or death, 61
2834	2834	responding to mutual aid call from another criminal justice 62
2835	2835	agency, or in accompanying an ambulance which is 63
2836	2836	transporting an offender to a medical facility; 64
2837	2837	(8) Any vehicle designated to perform hazardous 65
2838	2838	substance emergency functions established pursuant to the 66
2839	2839	provisions of sections 260.500 to 260.550; 67
2840	2840	(9) Any vehicle owned by the state highways and 68
2841	2841	transportation commission and operated by an authorized 69
2842	2842	employee of the department of transportation that is marked 70
2843	2843	as a department of transportation emergency response or 71
2844	2844	motorist assistance vehicle; or 72
2845	2845	(10) Any vehicle owned and operated by the civil 73
2846	2846	support team of the Missouri National Guard while in 74
2847	2847	response to or during operations involving chemical, 75
2848	2848	biological, or radioactive materials or in support of 76
2849	2849	official requests from the state of Missouri involving 77
2850	2850	unknown substances, hazardous materials, or as may be 78
2851	2851	requested by the appropriate state agency acting on behalf 79
2852	2852	of the governor. 80 SB 143 89
2853	2853	5. (1) The driver of any vehicle referred to in 81
2854	2854	subsection 4 of this section shall not sound the siren 82
2855	2855	thereon or have the front red lights or blue lights on 83
2856	2856	except when such vehicle is responding to an emergency call 84
2857	2857	or when in pursuit of an actual or suspected law violator, 85
2858	2858	or when responding to, but not upon returning from, a fire. 86
2859	2859	(2) The driver of an emergency vehicle may: 87
2860	2860	(a) Park or stand irrespective of the provisions of 88
2861	2861	sections 304.014 to 304.025; 89
2862	2862	(b) Proceed past a red or stop signal or stop sign, 90
2863	2863	but only after slowing down as may be necessary for safe 91
2864	2864	operation; 92
2865	2865	(c) Exceed the prima facie speed limit so long as the 93
2866	2866	driver does not endanger life or property; 94
2867	2867	(d) Disregard regulations governing direction of 95
2868	2868	movement or turning in specified directions. 96
2869	2869	(3) The exemptions granted to an emergency vehicle 97
2870	2870	pursuant to subdivision (2) of this subsection shall apply 98
2871	2871	only when the driver of any such vehicle while in motion 99
2872	2872	sounds audible signal by bell, siren, or exhaust whistle as 100
2873	2873	may be reasonably necessary, and when the vehicle is 101
2874	2874	equipped with at least one lighted lamp displaying a red 102
2875	2875	light or blue light visible under normal atmospheric 103
2876	2876	conditions from a distance of five hundred feet to the front 104
2877	2877	of such vehicle. 105
2878	2878	6. No person shall purchase an emergency light as 106
2879	2879	described in this section without furnishing the seller of 107
2880	2880	such light an affidavit stating that the light will be used 108
2881	2881	exclusively for emergency vehicle purposes. 109
2882	2882	7. Violation of this section shall be deemed a class A 110
2883	2883	misdemeanor. 111 SB 143 90
2884	2884	307.175. 1. Motor vehicles and equipment which are 1
2885	2885	operated by any member of an organized fire department, 2
2886	2886	ambulance association, or rescue squad, including a canine 3
2887	2887	search and rescue team, whether paid or volunteer, may be 4
2888	2888	operated on streets and highways in this state as an 5
2889	2889	emergency vehicle under the provisions of section 304.022 6
2890	2890	while responding to a fire call [or], ambulance call, or an 7
2891	2891	emergency call requiring search and rescue operations, or at 8
2892	2892	the scene of a fire call [or], ambulance call, or an 9
2893	2893	emergency call requiring search and rescue operations, and 10
2894	2894	while using or sounding a warning siren and using or 11
2895	2895	displaying thereon fixed, flashing or rotating blue lights, 12
2896	2896	but sirens and blue lights shall be used only in bona fide 13
2897	2897	emergencies. 14
2898	2898	2. (1) Notwithstanding subsection 1 of this section, 15
2899	2899	the following vehicles may use or display fixed, flashing, 16
2900	2900	or rotating red or red and blue lights: 17
2901	2901	(a) Emergency vehicles, as defined in section 304.022, 18
2902	2902	when responding to an emergency; 19
2903	2903	(b) Vehicles operated as described in subsection 1 of 20
2904	2904	this section; 21
2905	2905	(c) Vehicles and equipment owned or leased by a 22
2906	2906	contractor or subcontractor performing work for the 23
2907	2907	department of transportation, except that the red or red and 24
2908	2908	blue lights shall be displayed on vehicles or equipment 25
2909	2909	described in this paragraph only between dusk and dawn, when 26
2910	2910	such vehicles or equipment are stationary, such vehicles or 27
2911	2911	equipment are located in a work zone as defined in section 28
2912	2912	304.580, highway workers as defined in section 304.580 are 29
2913	2913	present, and such work zone is designated by a sign or 30
2914	2914	signs. No more than two vehicles or pieces of equipment in 31 SB 143 91
2915	2915	a work zone may display fixed, flashing, or rotating lights 32
2916	2916	under this subdivision; 33
2917	2917	(d) Vehicles and equipment owned, leased, or operated 34
2918	2918	by a coroner, medical examiner, or forensic investigator of 35
2919	2919	the county medical examiner's office or a similar entity, 36
2920	2920	when responding to a crime scene, motor vehicle accident, 37
2921	2921	workplace accident, or any location at which the services of 38
2922	2922	such professionals have been requested by a law enforcement 39
2923	2923	officer. 40
2924	2924	(2) The following vehicles and equipment may use or 41
2925	2925	display fixed, flashing, or rotating amber or amber and 42
2926	2926	white lights: 43
2927	2927	(a) Vehicles and equipment owned or leased by the 44
2928	2928	state highways and transportation commission and operated by 45
2929	2929	an authorized employee of the department of transportation; 46
2930	2930	(b) Vehicles and equipment owned or leased by a 47
2931	2931	contractor or subcontractor performing work for the 48
2932	2932	department of transportation, except that the amber or amber 49
2933	2933	and white lights shall be displayed on vehicles described in 50
2934	2934	this paragraph only when such vehicles or equipment are 51
2935	2935	located in a work zone as defined in section 304.580, 52
2936	2936	highway workers as defined in section 304.580 are present, 53
2937	2937	and such work zone is designated by a sign or signs; 54
2938	2938	(c) Vehicles and equipment operated by a utility 55
2939	2939	worker performing work for the utility, except that the 56
2940	2940	amber or amber and white lights shall be displayed on 57
2941	2941	vehicles described in this paragraph only when such vehicles 58
2942	2942	are stationary, such vehicles or equipment are located in a 59
2943	2943	work zone as defined in section 304.580, a utility worker is 60
2944	2944	present, and such work zone is designated by a sign or 61
2945	2945	signs. As used in this paragraph, the term "utility worker" 62
2946	2946	means any employee while in performance of his or her job 63 SB 143 92
2947	2947	duties, including any person employed under contract of a 64
2948	2948	utility that provides gas, heat, electricity, water, steam, 65
2949	2949	telecommunications or cable services, or sewer services, 66
2950	2950	whether privately, municipally, or cooperatively owned. 67
2951	2951	3. Permits for the operation of such vehicles equipped 68
2952	2952	with sirens or blue lights shall be in writing and shall be 69
2953	2953	issued and may be revoked by the chief of an organized fire 70
2954	2954	department, organized ambulance association, rescue squad, 71
2955	2955	or the state highways and transportation commission and no 72
2956	2956	person shall use or display a siren or blue lights on a 73
2957	2957	motor vehicle, fire, ambulance, or rescue equipment without 74
2958	2958	a valid permit authorizing the use. A permit to use a siren 75
2959	2959	or lights as heretofore set out does not relieve the 76
2960	2960	operator of the vehicle so equipped with complying with all 77
2961	2961	other traffic laws and regulations. Violation of this 78
2962	2962	section constitutes a class A misdemeanor. 79
2963	2963	320.500. The provisions of sections 320.500 to 320.528 1
2964	2964	shall be known and referred to as the "Firefighters 2
2965	2965	Procedural Bill of Rights Act". 3
2966	2966	320.502. For purposes of sections 320.500 to 320.528, 1
2967	2967	the following terms mean: 2
2968	2968	(1) "Firefighter", a paid firefighter employed by a 3
2969	2969	public agency and all first responders and ancillary service 4
2970	2970	personnel, including emergency medical service workers, 5
2971	2971	dispatchers, paramedics, emergency maintenance technicians, 6
2972	2972	or emergency medical technicians (EMT) who are employed by a 7
2973	2973	fire district, fire protection district, fire department, or 8
2974	2974	fire authority. The term "firefighter" shall not include 9
2975	2975	probationary employees; 10
2976	2976	(2) "Interrogation", any formal interview, inquiry, or 11
2977	2977	questioning of any firefighter by the appointing authority's 12
2978	2978	designee regarding misconduct or violation of policy; 13 SB 143 93
2979	2979	(3) "Public agency", any fire district, municipal fire 14
2980	2980	department, ambulance district, or emergency 911 dispatching 15
2981	2981	agency; 16
2982	2982	(4) "Punitive action", any action that may lead to 17
2983	2983	dismissal, demotion, suspension, reduction in salary, 18
2984	2984	written reprimand, or transfer for purposes of punishment; 19
2985	2985	(5) "Representative", an individual that accompanies 20
2986	2986	and advises a firefighter during an interrogation and during 21
2987	2987	the course of the investigation and who may intervene, raise 22
2988	2988	objections, and provide moral support to the firefighter; 23
2989	2989	(6) "Social media account", any electronic service or 24
2990	2990	account or any electronic content including, but not limited 25
2991	2991	to, videos, photographs, blogs, video blogs, podcasts, 26
2992	2992	instant or text messages, email programs or services, online 27
2993	2993	services, or website profiles. 28
2994	2994	320.504. 1. Except as otherwise provided in chapter 1
2995	2995	36, or whenever on duty or in uniform, no firefighter shall 2
2996	2996	be prohibited from engaging, or be coerced or required to 3
2997	2997	engage, in political activity. 4
2998	2998	2. A firefighter shall not be prohibited from seeking 5
2999	2999	election to, or serving as a member of, the governing board 6
3000	3000	of a school district or any local agency or any other board 7
3001	3001	where the firefighter is not employed including, but not 8
3002	3002	limited to, any city, county, or political subdivision 9
3003	3003	thereof, except as provided under section 321.015. 10
3004	3004	320.506. 1. When any firefighter is under 1
3005	3005	investigation and subjected to interrogation by his or her 2
3006	3006	commanding officer, or any other member designated by the 3
3007	3007	employing department or licensing or certifying agency, that 4
3008	3008	could lead to punitive action, the interrogation shall be 5
3009	3009	conducted under the following conditions: 6 SB 143 94
3010	3010	(1) The interrogation shall be conducted at a 7
3011	3011	reasonable hour, at a time when the firefighter is on duty, 8
3012	3012	unless an imminent threat to the safety of the public 9
3013	3013	requires otherwise. If the interrogation does occur during 10
3014	3014	off-duty time of the firefighter being interrogated, the 11
3015	3015	firefighter shall be compensated for any off-duty time in 12
3016	3016	accordance with regular department procedures. The 13
3017	3017	firefighter's compensation shall not be reduced as a result 14
3018	3018	of any work missed while being interrogated; 15
3019	3019	(2) The firefighter under investigation shall be 16
3020	3020	informed, prior to the interrogation, of the rank, name, and 17
3021	3021	command of the officer or other person in charge of the 18
3022	3022	interrogation; the interrogating officer; and all other 19
3023	3023	persons to be present during the interrogation. All 20
3024	3024	questions directed to the firefighter under investigation 21
3025	3025	shall be asked by and through no more than two interrogators 22
3026	3026	at one time; 23
3027	3027	(3) The firefighter under investigation shall be 24
3028	3028	informed of the nature of the investigation prior to any 25
3029	3029	interrogation; 26
3030	3030	(4) The interrogating session shall be for a 27
3031	3031	reasonable period taking into consideration the gravity and 28
3032	3032	complexity of the issue being investigated. The firefighter 29
3033	3033	under interrogation shall be allowed reasonable breaks to 30
3034	3034	attend to his or her own personal physical necessities; 31
3035	3035	(5) Prior to an interview session, the investigator or 32
3036	3036	investigators conducting the investigation shall advise the 33
3037	3037	firefighter of the rule set out in Garrity v. New Jersey, 34
3038	3038	385 U.S. 493 (1967), specifically that the firefighter is 35
3039	3039	being ordered to answer questions under threat of 36
3040	3040	disciplinary action and that the firefighter's answers to 37 SB 143 95
3041	3041	the questions will not be used against the firefighter in 38
3042	3042	criminal proceedings; 39
3043	3043	(6) (a) The firefighter under investigation shall not 40
3044	3044	be subjected to offensive language or threatened with 41
3045	3045	punitive action. A promise of reward shall not be made as 42
3046	3046	an inducement to answer any question. Except that, 43
3047	3047	firefighters may be compelled by their employer to give 44
3048	3048	protected Garrity statements to an investigator under the 45
3049	3049	direct control of the employer, but such compelled 46
3050	3050	statements shall not be used or derivatively used against 47
3051	3051	the firefighter in any aspect of a criminal case brought 48
3052	3052	against the firefighter; 49
3053	3053	(b) The employer shall not cause the firefighter under 50
3054	3054	investigation to be subjected to visits by the press or news 51
3055	3055	media without his or her express written consent free of 52
3056	3056	duress, and the firefighter's photograph, home address, 53
3057	3057	telephone number, or other contact information shall not be 54
3058	3058	given to the press or news media without his or her express 55
3059	3059	written consent free of duress. All personally identifying 56
3060	3060	information of the firefighter's spouse, partner, children, 57
3061	3061	or dependents shall be held confidential and protected from 58
3062	3062	release including, but not limited to, names, addresses, 59
3063	3063	phone numbers, email addresses, photographs, social media 60
3064	3064	profiles or information, or any other contact information. 61
3065	3065	Any information regarding the firefighter's assets, income, 62
3066	3066	debts, or other financial information shall be held 63
3067	3067	confidential and protected from release; 64
3068	3068	(7) A statement made during interrogation by a 65
3069	3069	firefighter under coercion, or threat of punitive action 66
3070	3070	shall not be admissible in any subsequent judicial 67
3071	3071	proceeding, subject to the following qualifications: 68 SB 143 96
3072	3072	(a) This subdivision shall not limit the use of 69
3073	3073	statements otherwise made by a firefighter when the 70
3074	3074	employing fire department is seeking civil service sanctions 71
3075	3075	against any firefighter; 72
3076	3076	(b) This subdivision shall not prevent the 73
3077	3077	admissibility of statements otherwise made by the 74
3078	3078	firefighter during interrogation in any civil action, 75
3079	3079	including administrative actions, brought by that 76
3080	3080	firefighter, or that firefighter's exclusive representative, 77
3081	3081	arising out of a disciplinary action; 78
3082	3082	(8) The complete interrogation of a firefighter may be 79
3083	3083	recorded. If a recording is made of the interrogation, the 80
3084	3084	firefighter shall have access to the recording if any 81
3085	3085	further proceedings are contemplated or prior to any further 82
3086	3086	interrogation at a subsequent time. The firefighter shall 83
3087	3087	be entitled to a transcribed copy of any notes made by a 84
3088	3088	stenographer or to any reports or complaints made by 85
3089	3089	investigators or other persons, except those portions that 86
3090	3090	are otherwise required by law to be kept confidential. 87
3091	3091	Notes or reports that are deemed to be confidential shall 88
3092	3092	not be entered in the firefighter's personnel file. The 89
3093	3093	firefighter being interrogated shall have the right to bring 90
3094	3094	his or her own recording device and record any and all 91
3095	3095	aspects of the interrogation; 92
3096	3096	(9) Upon the filing of a formal written statement of 93
3097	3097	charges, or whenever an interrogation focuses on matters 94
3098	3098	that may result in punitive action against any firefighter, 95
3099	3099	that firefighter, at his or her request, shall have the 96
3100	3100	right to be represented by a representative of his or her 97
3101	3101	choice who may be present at all times during the 98
3102	3102	interrogation. The representative shall not be a person 99
3103	3103	subject to the same investigation. The representative shall 100 SB 143 97
3104	3104	not be required to disclose, or be subject to any punitive 101
3105	3105	action for refusing to disclose, any information received 102
3106	3106	from the firefighter under investigation for noncriminal 103
3107	3107	matters; and 104
3108	3108	(10) An employer shall not, either directly or 105
3109	3109	indirectly, require, request, suggest, or cause any 106
3110	3110	firefighter to disclose the username, password, or any other 107
3111	3111	information that would provide access to any of his or her 108
3112	3112	personal social media accounts. 109
3113	3113	2. The provisions of this section shall not be 110
3114	3114	construed to apply to counseling, instruction, or informal 111
3115	3115	verbal admonishment by, or other routine or unplanned 112
3116	3116	contact with, a supervisor or any other firefighter. 113
3117	3117	320.508. 1. A firefighter shall not be subjected to 1
3118	3118	punitive action, or denied promotion, or threatened with 2
3119	3119	that treatment, because of the lawful exercise of the rights 3
3120	3120	granted under sections 320.500 to 320.528 or the exercise of 4
3121	3121	any rights under any existing administrative grievance 5
3122	3122	procedure. 6
3123	3123	2. Punitive action or denial of promotion on grounds 7
3124	3124	other than merit shall not be undertaken by any employing 8
3125	3125	department or licensing or certifying agency against any 9
3126	3126	firefighter who has successfully completed the probationary 10
3127	3127	period without providing the firefighter with an opportunity 11
3128	3128	for administrative appeal. 12
3129	3129	3. A fire chief shall not be removed by a public 13
3130	3130	agency or appointing authority without providing that fire 14
3131	3131	chief with written notice, the reason or reasons for 15
3132	3132	removal, and an opportunity for administrative appeal. For 16
3133	3133	purposes of this subsection, the removal of a fire chief by 17
3134	3134	a public agency or appointing authority, for the purpose of 18
3135	3135	implementing the goals or policies, or both, of the public 19 SB 143 98
3136	3136	agency or appointing authority, or for reasons including, 20
3137	3137	but not limited to, incompatibility of management styles or 21
3138	3138	as a result of change in administration, shall be sufficient 22
3139	3139	to constitute reason. Nothing in this subsection shall be 23
3140	3140	construed to create a property interest, if one does not 24
3141	3141	otherwise exist by rule or law, in the job of fire chief. 25
3142	3142	4. Punitive action or denial of promotion on grounds 26
3143	3143	other than merit shall not be undertaken for any act, 27
3144	3144	omission, or other allegation of misconduct if the 28
3145	3145	investigation of the allegation is not completed within one 29
3146	3146	year of discovery by the employing fire department or 30
3147	3147	licensing or certifying agency. This one-year limitation 31
3148	3148	period shall apply only if the discovery of the act, 32
3149	3149	omission, or other misconduct occurred on or after August 33
3150	3150	28, 2025. If the employing department or licensing or 34
3151	3151	certifying agency determines that discipline may be taken, 35
3152	3152	it shall complete its investigation and notify the 36
3153	3153	firefighter of its proposed disciplinary action within that 37
3154	3154	year, except in any of the following circumstances: 38
3155	3155	(1) If the firefighter voluntarily waives the one-year 39
3156	3156	time period in writing, the time period shall be tolled for 40
3157	3157	the period of time specified in the written waiver; 41
3158	3158	(2) If the act, omission, or other allegation of 42
3159	3159	misconduct is also the subject of a criminal investigation 43
3160	3160	or criminal prosecution, the time during which the criminal 44
3161	3161	investigation or criminal prosecution is pending shall toll 45
3162	3162	the one-year period; 46
3163	3163	(3) If the investigation is a multi-jurisdictional 47
3164	3164	investigation that requires a reasonable extension for 48
3165	3165	coordination of the involved agencies; 49
3166	3166	(4) If the investigation involves an employee who is 50
3167	3167	incapacitated or otherwise unavailable; 51 SB 143 99
3168	3168	(5) If the investigation involves a matter in civil 52
3169	3169	litigation where the firefighter is named as a party 53
3170	3170	defendant, the one-year time period shall be tolled while 54
3171	3171	that civil action is pending; 55
3172	3172	(6) If the investigation involves a matter in criminal 56
3173	3173	litigation in which the complainant is a criminal defendant, 57
3174	3174	the one-year time period shall be tolled during the period 58
3175	3175	of that defendant's criminal investigation and prosecution; 59
3176	3176	or 60
3177	3177	(7) If the investigation involves an allegation of 61
3178	3178	workers' compensation fraud on the part of the firefighter. 62
3179	3179	5. If a predisciplinary response or grievance 63
3180	3180	procedure is required or utilized, the time for that 64
3181	3181	response or procedure shall not be governed or limited by 65
3182	3182	sections 320.500 to 320.528. 66
3183	3183	6. If, after investigation and any predisciplinary 67
3184	3184	response or procedure, the employing department or licensing 68
3185	3185	or certifying agency decides to impose discipline, that 69
3186	3186	department or agency shall notify the firefighter in writing 70
3187	3187	of its decision to impose discipline within thirty days of 71
3188	3188	its decision but not less than forty-eight hours prior to 72
3189	3189	imposing the discipline. 73
3190	3190	7. Notwithstanding the one-year time period specified 74
3191	3191	in subsection 4 of this section, an investigation may be 75
3192	3192	reopened against a firefighter if both of the following 76
3193	3193	circumstances exist: 77
3194	3194	(1) Significant new evidence has been discovered that 78
3195	3195	is likely to affect the outcome of the investigation; and 79
3196	3196	(2) One of the following conditions exists: 80
3197	3197	(a) The evidence could not reasonably be discovered in 81
3198	3198	the normal course of investigation without resorting to 82
3199	3199	extraordinary measures by the agency; or 83 SB 143 100
3200	3200	(b) The evidence resulted from the firefighter's 84
3201	3201	predisciplinary response or procedure. 85
3202	3202	320.510. 1. An administrative appeal instituted by a 1
3203	3203	firefighter under sections 320.500 to 320.528 shall be 2
3204	3204	conducted in accordance with rules and procedures adopted by 3
3205	3205	the employing department or licensing or certifying agency 4
3206	3206	that are in accordance with chapter 536. 5
3207	3207	2. Notwithstanding subsection 1 of this section to the 6
3208	3208	contrary, if the employing department is subject to a 7
3209	3209	memorandum of understanding that provides for binding 8
3210	3210	arbitration of administrative appeals, the arbitrator or 9
3211	3211	arbitration panel shall serve as the hearing officer in 10
3212	3212	accordance with chapter 536 and, notwithstanding any other 11
3213	3213	provision of law to the contrary, that hearing officer's 12
3214	3214	decision shall be binding. However, a memorandum of 13
3215	3215	understanding negotiated with an employing agency shall not 14
3216	3216	control the process for administrative appeals instituted 15
3217	3217	with licensing or certifying agencies. Any administrative 16
3218	3218	appeal instituted with licensing or certifying agencies 17
3219	3219	shall adhere to the requirements prescribed in subsection 1 18
3220	3220	of this section. 19
3221	3221	320.512. A firefighter shall not have any comment 1
3222	3222	adverse to his or her interest entered in his or her 2
3223	3223	personnel file, or any other file used for any personnel 3
3224	3224	purposes by his or her employer, without the firefighter 4
3225	3225	having first read and signed the instrument containing the 5
3226	3226	adverse comment indicating he or she is aware of the 6
3227	3227	comment. However, the entry may be made if after reading 7
3228	3228	the instrument, the firefighter refuses to sign it. That 8
3229	3229	fact shall be noted on that document and signed or initialed 9
3230	3230	by the firefighter. 10 SB 143 101
3231	3231	320.514. A firefighter shall have thirty days to file 1
3232	3232	a written response to any adverse comment entered in his or 2
3233	3233	her personnel file. The written response shall be attached 3
3234	3234	to, and shall accompany, the adverse comment. 4
3235	3235	320.516. 1. Every employer shall, at reasonable times 1
3236	3236	and at reasonable intervals, upon the request of a 2
3237	3237	firefighter, during usual business hours, with no loss of 3
3238	3238	compensation to the firefighter, permit that firefighter to 4
3239	3239	inspect personnel files that are used or have been used to 5
3240	3240	determine that firefighter's qualifications for employment, 6
3241	3241	promotion, additional compensation, or termination or other 7
3242	3242	disciplinary action. 8
3243	3243	2. Each employer shall keep each firefighter's 9
3244	3244	personnel file or a true and correct copy thereof and shall 10
3245	3245	make the file or copy thereof available within a reasonable 11
3246	3246	period of time after a request therefor by the firefighter. 12
3247	3247	3. If, after examination of the firefighter's 13
3248	3248	personnel file, the firefighter believes that any portion of 14
3249	3249	the material is mistakenly or unlawfully placed in the file, 15
3250	3250	the firefighter may request, in writing, that the mistaken 16
3251	3251	or unlawful portion be corrected or deleted. Any request 17
3252	3252	made pursuant to this subsection shall include a statement 18
3253	3253	by the firefighter describing the corrections or deletions 19
3254	3254	from the personnel file requested and the reasons supporting 20
3255	3255	those corrections or deletions. A statement submitted 21
3256	3256	pursuant to this subsection shall become part of the 22
3257	3257	personnel file of the firefighter. 23
3258	3258	4. Within thirty calendar days of receipt of a request 24
3259	3259	made under subsection 3 of this section, the employer shall 25
3260	3260	either grant the firefighter's request or notify the officer 26
3261	3261	of the decision to refuse to grant the request. If the 27
3262	3262	employer refuses to grant the request, in whole or in part, 28 SB 143 102
3263	3263	the employer shall state in writing the reasons for refusing 29
3264	3264	the request and that written statement shall become part of 30
3265	3265	the personnel file of the firefighter. 31
3266	3266	320.518. 1. A firefighter shall not be compelled to 1
3267	3267	submit to a lie detector test against his or her will. 2
3268	3268	2. Disciplinary action or other recrimination shall 3
3269	3269	not be taken against a firefighter refusing to submit to a 4
3270	3270	lie detector test. 5
3271	3271	3. No comment shall be entered anywhere in the 6
3272	3272	investigator's notes or anywhere else that the firefighter 7
3273	3273	refused to take, or did not take, a lie detector test. 8
3274	3274	4. Testimony or evidence to the effect that the 9
3275	3275	firefighter refused to take, or was subjected to, a lie 10
3276	3276	detector test shall not be admissible at a subsequent 11
3277	3277	hearing, trial, or proceeding, judicial or administrative. 12
3278	3278	5. For purposes of this section, the term "lie 13
3279	3279	detector" means a polygraph, deceptograph, voice stress 14
3280	3280	analyzer, psychological stress evaluator, or any other 15
3281	3281	similar device, whether mechanical or electrical, that is 16
3282	3282	used, or the results of which are used, for the purpose of 17
3283	3283	rendering a diagnostic opinion regarding the honesty or 18
3284	3284	dishonesty of an individual. 19
3285	3285	320.520. A firefighter shall not be required or 1
3286	3286	requested for purposes of job assignment or other personnel 2
3287	3287	action to disclose any item of his or her property, income, 3
3288	3288	assets, source of income, debts, or personal or domestic 4
3289	3289	expenditures, including those of any member of his or her 5
3290	3290	family or household, unless that information is otherwise 6
3291	3291	required to be furnished under state law or obtained 7
3292	3292	pursuant to court order. 8
3293	3293	320.522. 1. A firefighter shall not have his or her 1
3294	3294	locker that may be assigned to him or her searched, except: 2 SB 143 103
3295	3295	(1) In his or her presence; 3
3296	3296	(2) With his or her consent; 4
3297	3297	(3) If exigent circumstances exist; 5
3298	3298	(4) If a valid search warrant has been obtained; or 6
3299	3299	(5) If he or she has been given notice that a search 7
3300	3300	will be conducted. 8
3301	3301	2. This section shall apply only to lockers that are 9
3302	3302	owned or leased by the employing department or licensing or 10
3303	3303	certifying agency. 11
3304	3304	320.524. 1. It shall be unlawful for any employing 1
3305	3305	department or licensing or certifying agency to deny or 2
3306	3306	refuse to any firefighter the rights and protections 3
3307	3307	guaranteed by sections 320.500 to 320.528. 4
3308	3308	2. The circuit court of the county of proper venue 5
3309	3309	shall have initial jurisdiction over any proceeding brought 6
3310	3310	by any firefighter against any employing department or 7
3311	3311	licensing or certifying agency for alleged violations of 8
3312	3312	sections 320.500 to 320.528. 9
3313	3313	3. (1) If the court finds that the employing 10
3314	3314	department or licensing or certifying agency has violated 11
3315	3315	any of the provisions of sections 320.500 to 320.528, the 12
3316	3316	court shall render appropriate injunctive or other 13
3317	3317	extraordinary relief to remedy the violation and to prevent 14
3318	3318	future violations of a like or similar nature including, but 15
3319	3319	not limited to, the granting of a temporary restraining 16
3320	3320	order or preliminary or permanent injunction prohibiting the 17
3321	3321	employing department or licensing or certifying agency from 18
3322	3322	taking any punitive action against the firefighter. 19
3323	3323	(2) If the court finds that a bad faith or frivolous 20
3324	3324	action or a filing for an improper purpose has been brought 21
3325	3325	under sections 320.500 to 320.528, the court may order 22
3326	3326	sanctions against the party filing the action, the party's 23 SB 143 104
3327	3327	attorney, or both, pursuant to the applicable Missouri rules 24
3328	3328	of civil procedure. Those sanctions may include, but not be 25
3329	3329	limited to, reasonable expenses, including attorney's fees, 26
3330	3330	incurred by a fire department as the court deems appropriate. 27
3331	3331	(3) Nothing in this subsection is intended to subject 28
3332	3332	actions or filings under this section to rules or standards 29
3333	3333	that are different from those applicable to other civil 30
3334	3334	actions or filings subject to the Missouri supreme court 31
3335	3335	rules of civil procedure. 32
3336	3336	4. In addition to the extraordinary relief afforded 33
3337	3337	under sections 320.500 to 320.528, upon a finding by the 34
3338	3338	court that a fire department, its employees, agents, or 35
3339	3339	assigns, with respect to acts taken within the scope of 36
3340	3340	employment, maliciously violated any provision of sections 37
3341	3341	320.500 to 320.528 with the intent to injure the 38
3342	3342	firefighter, the fire department shall, for each and every 39
3343	3343	violation, be liable for a civil penalty not to exceed 40
3344	3344	twenty-five thousand dollars to be awarded to the 41
3345	3345	firefighter whose right or protection was denied and for 42
3346	3346	reasonable attorney's fees as may be determined by the 43
3347	3347	court. If the court so finds, and there is sufficient 44
3348	3348	evidence to establish actual damages suffered by the 45
3349	3349	firefighter whose right or protection was denied, the fire 46
3350	3350	department shall also be liable for the amount of the actual 47
3351	3351	damages. Notwithstanding these provisions to the contrary, 48
3352	3352	a fire department shall not be required to indemnify a 49
3353	3353	contractor for the contractor's liability under this 50
3354	3354	subsection if there is, within the contract between the fire 51
3355	3355	department and the contractor, a hold harmless or similar 52
3356	3356	provision that protects the fire department from liability 53
3357	3357	for the actions of the contractor. An individual shall not 54 SB 143 105
3358	3358	be liable for any act for which a fire department is liable 55
3359	3359	under this section. 56
3360	3360	320.526. Nothing in sections 320.500 to 320.528 shall 1
3361	3361	in any way be construed to limit the ability of any 2
3362	3362	employment department, licensing or certifying agency, or 3
3363	3363	any firefighter to fulfill mutual aid agreements with other 4
3364	3364	jurisdictions or agencies, and the provisions of sections 5
3365	3365	320.500 to 320.528 shall not be construed in any way to 6
3366	3366	limit any jurisdictional or interagency cooperation under 7
3367	3367	any circumstances where that activity is deemed necessary or 8
3368	3368	desirable by the jurisdictions or agencies involved. 9
3369	3369	320.528. 1. The rights and protections described in 1
3370	3370	sections 320.500 to 320.528 shall apply only to a 2
3371	3371	firefighter during events and circumstances involving the 3
3372	3372	performance of his or her official duties. 4
3373	3373	2. Any employer shall provide legal defense for any 5
3374	3374	firefighter who, while acting in the normal course of his or 6
3375	3375	her duties, is named as a defendant in civil litigation 7
3376	3376	relating to such duties. 8
3377	3377	3. Volunteer fire departments may opt into the 9
3378	3378	provisions of sections 320.500 to 320.528. 10
3379	3379	332.081. 1. Notwithstanding any other provision of 1
3380	3380	law to the contrary, hospitals licensed under chapter 197 2
3381	3381	shall be authorized to employ any or all of the following 3
3382	3382	oral health providers: 4
3383	3383	(1) A dentist licensed under this chapter for the 5
3384	3384	purpose of treating on hospital premises those patients who 6
3385	3385	present with a dental condition and such treatment is 7
3386	3386	necessary to ameliorate the condition for which they 8
3387	3387	presented such as severe pain or tooth abscesses; 9
3388	3388	(2) An oral and maxillofacial surgeon licensed under 10
3389	3389	this chapter for the purpose of treating oral conditions 11 SB 143 106
3390	3390	that need to be ameliorated as part of treating the 12
3391	3391	underlying cause of the patient's medical needs including, 13
3392	3392	but not limited to, head and neck cancer, HIV or AIDS, 14
3393	3393	severe trauma resulting in admission to the hospital, organ 15
3394	3394	transplant, diabetes, or seizure disorders. It shall be a 16
3395	3395	condition of treatment that such patients are admitted to 17
3396	3396	the hospital on either an in- or out-patient basis; and 18
3397	3397	(3) A maxillofacial prosthodontist licensed under this 19
3398	3398	chapter for the purpose of treating and supporting patients 20
3399	3399	of a head and neck cancer team or other complex care or 21
3400	3400	surgical team for the fabrication of appliances following 22
3401	3401	ablative surgery, surgery to correct birth anomalies, 23
3402	3402	extensive radiation treatment of the head or neck, or trauma- 24
3403	3403	related surgery. 25
3404	3404	2. No person or other entity shall practice dentistry 26
3405	3405	in Missouri or provide dental services as defined in section 27
3406	3406	332.071 unless and until the board has issued to the person 28
3407	3407	a certificate certifying that the person has been duly 29
3408	3408	registered as a dentist in Missouri or the board has issued 30
3409	3409	such certificate to an entity that has been duly registered 31
3410	3410	to provide dental services by licensed dentists and dental 32
3411	3411	hygienists and unless and until the board has issued to the 33
3412	3412	person a license, to be renewed each period, as provided in 34
3413	3413	this chapter, to practice dentistry or as a dental 35
3414	3414	hygienist, or has issued to the person or entity a permit, 36
3415	3415	to be renewed each period, to provide dental services in 37
3416	3416	Missouri. Nothing in this chapter shall be so construed as 38
3417	3417	to make it unlawful for: 39
3418	3418	(1) A legally qualified physician or surgeon, who does 40
3419	3419	not practice dentistry as a specialty, from extracting teeth; 41 SB 143 107
3420	3420	(2) A dentist licensed in a state other than Missouri 42
3421	3421	from making a clinical demonstration before a meeting of 43
3422	3422	dentists in Missouri; 44
3423	3423	(3) Dental students in any accredited dental school to 45
3424	3424	practice dentistry under the personal direction of 46
3425	3425	instructors; 47
3426	3426	(4) Dental hygiene students in any accredited dental 48
3427	3427	hygiene school to practice dental hygiene under the personal 49
3428	3428	direction of instructors; 50
3429	3429	(5) A duly registered and licensed dental hygienist in 51
3430	3430	Missouri to practice dental hygiene as defined in section 52
3431	3431	332.091; 53
3432	3432	(6) A dental assistant, certified dental assistant, or 54
3433	3433	expanded functions dental assistant to be delegated duties 55
3434	3434	as defined in section 332.093; 56
3435	3435	(7) A duly registered dentist or dental hygienist to 57
3436	3436	teach in an accredited dental or dental hygiene school; 58
3437	3437	(8) A person who has been granted a dental faculty 59
3438	3438	permit under section 332.183 to practice dentistry in the 60
3439	3439	scope of his or her employment at an accredited dental 61
3440	3440	school, college, or program in Missouri; 62
3441	3441	(9) A duly qualified anesthesiologist or nurse 63
3442	3442	anesthetist to administer an anesthetic in connection with 64
3443	3443	dental services or dental surgery; 65
3444	3444	(10) A person to practice dentistry in or for: 66
3445	3445	(a) The United States Armed Forces; 67
3446	3446	(b) The United States Public Health Service; 68
3447	3447	(c) Migrant, community, or health care for the 69
3448	3448	homeless health centers provided in Section 330 of the 70
3449	3449	Public Health Service Act (42 U.S.C. Section 254b); 71 SB 143 108
3450	3450	(d) Federally qualified health centers as defined in 72
3451	3451	Section 1905(l) (42 U.S.C. Section 1396d(l)) of the Social 73
3452	3452	Security Act; 74
3453	3453	(e) Governmental entities, including county health 75
3454	3454	departments; or 76
3455	3455	(f) The United States Veterans Bureau; or 77
3456	3456	(11) A dentist licensed in a state other than Missouri 78
3457	3457	to evaluate a patient or render an oral, written, or 79
3458	3458	otherwise documented dental opinion when providing testimony 80
3459	3459	or records for the purpose of a civil or criminal action 81
3460	3460	before any judicial or administrative proceeding of this 82
3461	3461	state or other forum in this state. 83
3462	3462	3. No corporation shall practice dentistry as defined 84
3463	3463	in section 332.071 unless that corporation is organized 85
3464	3464	under the provisions of chapter 355 or 356 provided that a 86
3465	3465	corporation organized under the provisions of chapter 355 87
3466	3466	and qualifying as an organization under 26 U.S.C. Section 88
3467	3467	501(c)(3) may only employ dentists and dental hygienists 89
3468	3468	licensed in this state to render dental services to Medicaid 90
3469	3469	recipients, low-income individuals who have available income 91
3470	3470	below two hundred percent of the federal poverty level, and 92
3471	3471	all participants in the SCHIP program, unless such 93
3472	3472	limitation is contrary to or inconsistent with federal or 94
3473	3473	state law or regulation. This subsection shall not apply to: 95
3474	3474	(1) A hospital licensed under chapter 197 that 96
3475	3475	provides care and treatment only to children under the age 97
3476	3476	of eighteen at which a person regulated under this chapter 98
3477	3477	provides dental care within the scope of his or her license 99
3478	3478	or registration; 100
3479	3479	(2) A federally qualified health center as defined in 101
3480	3480	Section 1905(l) of the Social Security Act (42 U.S.C. 102
3481	3481	Section 1396d(l)), or a migrant, community, or health care 103 SB 143 109
3482	3482	for the homeless health center provided for in Section 330 104
3483	3483	of the Public Health Services Act (42 U.S.C. Section 254b) 105
3484	3484	at which a person regulated under this chapter provides 106
3485	3485	dental care within the scope of his or her license or 107
3486	3486	registration; 108
3487	3487	(3) A city or county health department organized under 109
3488	3488	chapter 192 or chapter 205 at which a person regulated under 110
3489	3489	this chapter provides dental care within the scope of his or 111
3490	3490	her license or registration; 112
3491	3491	(4) A social welfare board organized under section 113
3492	3492	205.770, a city health department operating under a city 114
3493	3493	charter, or a city-county health department at which a 115
3494	3494	person regulated under this chapter provides dental care 116
3495	3495	within the scope of his or her license or registration; 117
3496	3496	(5) Any entity that has received a permit from the 118
3497	3497	dental board and does not receive compensation from the 119
3498	3498	patient or from any third party on the patient's behalf at 120
3499	3499	which a person regulated under this chapter provides dental 121
3500	3500	care within the scope of his or her license or registration; 122
3501	3501	(6) Any hospital nonprofit corporation exempt from 123
3502	3502	taxation under Section 501(c)(3) of the Internal Revenue 124
3503	3503	Code, as amended, that engages in its operations and 125
3504	3504	provides dental services at facilities owned by a city, 126
3505	3505	county, or other political subdivision of the state, or any 127
3506	3506	entity contracted with the state to provide care in a 128
3507	3507	correctional center, as such term is defined in section 129
3508	3508	217.010, at which a person regulated under this chapter 130
3509	3509	provides dental care within the scope of his or her license 131
3510	3510	or registration. 132
3511	3511	If any of the entities exempted from the requirements of 133
3512	3512	this subsection are unable to provide services to a patient 134 SB 143 110
3513	3513	due to the lack of a qualified provider and a referral to 135
3514	3514	another entity is made, the exemption shall extend to the 136
3515	3515	person or entity that subsequently provides services to the 137
3516	3516	patient. 138
3517	3517	4. No unincorporated organization shall practice 139
3518	3518	dentistry as defined in section 332.071 unless such 140
3519	3519	organization is exempt from federal taxation under Section 141
3520	3520	501(c)(3) of the Internal Revenue Code of 1986, as amended, 142
3521	3521	and provides dental treatment without compensation from the 143
3522	3522	patient or any third party on their behalf as a part of a 144
3523	3523	broader program of social services including food 145
3524	3524	distribution. Nothing in this chapter shall prohibit 146
3525	3525	organizations under this subsection from employing any 147
3526	3526	person regulated by this chapter. 148
3527	3527	5. A dentist shall not enter into a contract that 149
3528	3528	allows a person who is not a dentist to influence or 150
3529	3529	interfere with the exercise of the dentist's independent 151
3530	3530	professional judgment. 152
3531	3531	6. A not-for-profit corporation organized under the 153
3532	3532	provisions of chapter 355 and qualifying as an organization 154
3533	3533	under 26 U.S.C. Section 501(c)(3), an unincorporated 155
3534	3534	organization operating pursuant to subsection 4 of this 156
3535	3535	section, or any other person should not direct or interfere 157
3536	3536	or attempt to direct or interfere with a licensed dentist's 158
3537	3537	professional judgment and competent practice of dentistry. 159
3538	3538	Nothing in this subsection shall be so construed as to make 160
3539	3539	it unlawful for not-for-profit organizations to enforce 161
3540	3540	employment contracts, corporate policy and procedure 162
3541	3541	manuals, or quality improvement or assurance requirements. 163
3542	3542	7. All entities defined in subsection 3 of this 164
3543	3543	section and those exempted under subsection 4 of this 165
3544	3544	section shall apply for a permit to employ dentists and 166 SB 143 111
3545	3545	dental hygienists licensed in this state to render dental 167
3546	3546	services, and the entity shall apply for the permit in 168
3547	3547	writing on forms provided by the Missouri dental board. The 169
3548	3548	board shall not charge a fee of any kind for the issuance or 170
3549	3549	renewal of such permit. The provisions of this subsection 171
3550	3550	shall not apply to a federally qualified health center as 172
3551	3551	defined in Section 1905(l) of the Social Security Act (42 173
3552	3552	U.S.C. Section 1396d(l)). 174
3553	3553	8. Any entity that obtains a permit to render dental 175
3554	3554	services in this state is subject to discipline pursuant to 176
3555	3555	section 332.321. If the board concludes that the person or 177
3556	3556	entity has committed an act or is engaging in a course of 178
3557	3557	conduct that would be grounds for disciplinary action, the 179
3558	3558	board may file a complaint before the administrative hearing 180
3559	3559	commission. The board may refuse to issue or renew the 181
3560	3560	permit of any entity for one or any combination of causes 182
3561	3561	stated in subsection 2 of section 332.321. The board shall 183
3562	3562	notify the applicant in writing of the reasons for the 184
3563	3563	refusal and shall advise the applicant of his or her right 185
3564	3564	to file a complaint with the administrative hearing 186
3565	3565	commission as provided by chapter 621. 187
3566	3566	9. A federally qualified health center as defined in 188
3567	3567	Section 1905(l) of the Social Security Act (42 U.S.C. 189
3568	3568	Section 1396d(l)) shall register with the board. The 190
3569	3569	information provided to the board as part of the 191
3570	3570	registration shall include the name of the health center, 192
3571	3571	the nonprofit status of the health center, sites where 193
3572	3572	dental services will be provided, and the names of all 194
3573	3573	persons employed by, or contracting with, the health center 195
3574	3574	who are required to hold a license pursuant to this chapter. 196
3575	3575	The registration shall be renewed every twenty-four months. 197
3576	3576	The board shall not charge a fee of any kind for the 198 SB 143 112
3577	3577	issuance or renewal of the registration. The registration 199
3578	3578	of the health center shall not be subject to discipline 200
3579	3579	pursuant to section 332.321. Nothing in this subsection 201
3580	3580	shall prohibit disciplinary action against a licensee of 202
3581	3581	this chapter who is employed by, or contracts with, such 203
3582	3582	health center for the actions of the licensee in connection 204
3583	3583	with such employment or contract. 205
3584	3584	10. The board may promulgate rules and regulations to 206
3585	3585	ensure not-for-profit corporations are rendering care to the 207
3586	3586	patient populations as set forth herein, including 208
3587	3587	requirements for covered not-for-profit corporations to 209
3588	3588	report patient census data to the board. The provisions of 210
3589	3589	this subsection shall not apply to a federally qualified 211
3590	3590	health center as defined in Section 1905(l) of the Social 212
3591	3591	Security Act (42 U.S.C. Section 1396d(l)). 213
3592	3592	11. All not-for-profit corporations organized or 214
3593	3593	operated pursuant to the provisions of chapter 355 and 215
3594	3594	qualifying as an organization under 26 U.S.C. Section 216
3595	3595	501(c)(3), or the requirements relating to migrant, 217
3596	3596	community, or health care for the homeless health centers 218
3597	3597	provided in Section 330 of the Public Health Service Act (42 219
3598	3598	U.S.C. Section 254b) and federally qualified health centers 220
3599	3599	as defined in Section 1905(l) (42 U.S.C. Section 1396d(l)) 221
3600	3600	of the Social Security Act, that employ persons who practice 222
3601	3601	dentistry or dental hygiene in this state shall do so in 223
3602	3602	accordance with the relevant laws of this state except to 224
3603	3603	the extent that such laws are contrary to, or inconsistent 225
3604	3604	with, federal statute or regulation. 226
3605	3605	386.572. 1. No corporation, person, public utility, 1
3606	3606	or municipality that owns any gas plant shall violate any 2
3607	3607	law or any order, decision, decree, rule, direction, demand, 3
3608	3608	or requirement of the commission or any part or portion 4 SB 143 113
3609	3609	thereof relating to federally mandated natural gas safety 5
3610	3610	standards. Notwithstanding the above, a municipality that 6
3611	3611	owns any gas plant shall be subject to the provisions of 7
3612	3612	this section only for violations of natural gas safety laws, 8
3613	3613	rules, or orders. 9
3614	3614	2. The maximum penalties for violations of federally 10
3615	3615	mandated natural gas safety standards, or such stricter 11
3616	3616	natural gas safety standards or rules as may be approved by 12
3617	3617	the commission, shall [not be greater than fifteen thousand 13
3618	3618	dollars for each violation with a maximum penalty for a 14
3619	3619	continuing violation or a multiple series of violations of 15
3620	3620	the same standard or rule provision not to exceed one 16
3621	3621	hundred fifty thousand dollars,] not exceed an amount as 17
3622	3622	determined by the Secretary of Transportation of the United 18
3623	3623	States pursuant to 49 CFR Part 190.223(a), notwithstanding 19
3624	3624	any provisions of subsection 1 of section 386.570 to the 20
3625	3625	contrary. [The maximum penalty for each violation shall 21
3626	3626	increase to twenty thousand dollars, effective January 1, 22
3627	3627	2015, twenty-five thousand dollars, effective January 1, 23
3628	3628	2025, thirty thousand dollars, effective January 1, 2035, 24
3629	3629	and forty thousand dollars, effective January 1, 2040. The 25
3630	3630	maximum penalty for a continuing violation or a multiple 26
3631	3631	series of violations of the same standard or rule provision 27
3632	3632	shall increase to two hundred thousand dollars, effective 28
3633	3633	January 1, 2015, two hundred fifty thousand dollars, 29
3634	3634	effective January 1, 2025, three hundred thousand dollars, 30
3635	3635	effective January 1, 2035, and four hundred thousand 31
3636	3636	dollars, effective January 1, 2040.] In determining the 32
3637	3637	amount of the penalty, the commission shall consider the 33
3638	3638	nature, circumstances, and gravity of the violation, and 34
3639	3639	also shall consider, with respect to the entity found to 35
3640	3640	have committed the violation: 36 SB 143 114
3641	3641	(1) The degree of culpability; 37
3642	3642	(2) Any history of prior violations; 38
3643	3643	(3) The effect of the penalty on the entity's ability 39
3644	3644	to continue operation; 40
3645	3645	(4) Any good faith effort in attempting to achieve 41
3646	3646	compliance; 42
3647	3647	(5) Ability to pay the penalty; and 43
3648	3648	(6) Such other matters as are relevant in the case. 44
3649	3649	3. Every violation of a specific natural gas safety 45
3650	3650	standard or rule by any corporation, person, public utility, 46
3651	3651	or municipality that owns any gas plant is a separate and 47
3652	3652	distinct offense, regardless of whether such violations 48
3653	3653	relate to the same incident. In case of a continuing 49
3654	3654	violation, each day's continuance thereof shall be a 50
3655	3655	separate and distinct offense. 51
3656	3656	4. In construing and enforcing the provisions of this 52
3657	3657	section, the act, omission, or failure of any officer, 53
3658	3658	agent, or employee of any corporation, person, public 54
3659	3659	utility, or municipality that owns any gas plant acting 55
3660	3660	within the scope of official duties of employment shall in 56
3661	3661	every case be considered the act, omission, or failure of 57
3662	3662	such corporation, person, public utility, or municipality 58
3663	3663	that owns any gas plant. 59
3664	3664	452.425. Any court order for the custody of, or 1
3665	3665	visitation with, a child [may] shall include a provision 2
3666	3666	that the sheriff or other law enforcement officer shall 3
3667	3667	enforce the rights of any person to custody or visitation 4
3668	3668	unless the court issues a subsequent order pursuant to 5
3669	3669	chapter 210, 211, 452 or 455 to limit or deny the custody 6
3670	3670	of, or visitations with, the child. Such sheriff or law 7
3671	3671	enforcement officer shall not remove a child from a person 8
3672	3672	who has actual physical custody of the child unless such 9 SB 143 115
3673	3673	sheriff or officer is shown a court order or judgment which 10
3674	3674	clearly and convincingly verifies that such person is not 11
3675	3675	entitled to the actual physical custody of the child, and 12
3676	3676	there are not other exigent circumstances that would give 13
3677	3677	the sheriff or officer reasonable suspicion to believe that 14
3678	3678	the child would be harmed or that the court order presented 15
3679	3679	to the sheriff or officer may not be valid. 16
3680	3680	452.1100. Sections 452.1100 to 452.1122 shall be known 1
3681	3681	and may be cited as the "Uniform Child Abduction Prevention 2
3682	3682	Act". 3
3683	3683	452.1102. As used in sections 452.1100 to 452.1122, 1
3684	3684	the following terms mean: 2
3685	3685	(1) "Abduction", the wrongful removal or wrongful 3
3686	3686	retention of a child; 4
3687	3687	(2) "Child", an unemancipated individual who is less 5
3688	3688	than eighteen years of age; 6
3689	3689	(3) "Child abduction prevention measures", measures 7
3690	3690	and conditions that are reasonably calculated to prevent the 8
3691	3691	abduction of a child, including provisions of subsections 3, 9
3692	3692	4, and 5 of section 452.1114, and other measures that the 10
3693	3693	court deems appropriate to prevent the abduction of a child; 11
3694	3694	(4) "Child-custody determination", a judgment, decree, 12
3695	3695	or other order of a court providing for the legal custody, 13
3696	3696	physical custody, or visitation with respect to a child. 14
3697	3697	The term "child-custody determination" includes a permanent, 15
3698	3698	temporary, initial, and modification order; 16
3699	3699	(5) "Child custody proceeding", a proceeding in which 17
3700	3700	legal custody, physical custody, or visitation with respect 18
3701	3701	to a child is at issue. The term "child custody proceeding" 19
3702	3702	includes a proceeding for divorce, dissolution of marriage, 20
3703	3703	separation, neglect, abuse, dependency, guardianship, 21 SB 143 116
3704	3704	paternity, termination of parental rights, or protection 22
3705	3705	from domestic violence; 23
3706	3706	(6) "Court", an entity authorized under the law of a 24
3707	3707	state to establish, enforce, or modify a child-custody 25
3708	3708	determination; 26
3709	3709	(7) "Petition", includes a motion or its equivalent; 27
3710	3710	(8) "Record", information that is inscribed on a 28
3711	3711	tangible medium or that is stored in an electronic or other 29
3712	3712	medium and is retrievable in perceivable form; 30
3713	3713	(9) "State", a state of the United States, the 31
3714	3714	District of Columbia, Puerto Rico, the United States Virgin 32
3715	3715	Islands, or any territory or insular possession subject to 33
3716	3716	the jurisdiction of the United States. The term "state" 34
3717	3717	includes a federally recognized Indian tribe or nation; 35
3718	3718	(10) "Travel document", records relating to a travel 36
3719	3719	itinerary, including travel tickets, passes, reservations 37
3720	3720	for transportation, or accommodations. The term "travel 38
3721	3721	document" does not include a passport or visa; 39
3722	3722	(11) "Warrant", an order issued by a court authorizing 40
3723	3723	law enforcement officers to take physical custody of a child; 41
3724	3724	(12) "Wrongful removal", the taking of a child that 42
3725	3725	breaches rights of custody or visitation given or recognized 43
3726	3726	under the law of this state; 44
3727	3727	(13) "Wrongful retention", the keeping or concealing 45
3728	3728	of a child that breaches rights of custody or visitation 46
3729	3729	given or recognized under the law of this state. 47
3730	3730	452.1104. Sections 452.730, 452.735, and 452.820 of 1
3731	3731	the uniform child custody jurisdiction and enforcement act 2
3732	3732	apply to cooperation and communications among courts in 3
3733	3733	proceedings under sections 452.1100 to 452.1122. 4
3734	3734	452.1106. 1. A court on its own motion may order 1
3735	3735	abduction prevention measures in a child custody proceeding 2 SB 143 117
3736	3736	if the court finds that the evidence establishes a credible 3
3737	3737	risk of abduction of the child. 4
3738	3738	2. A party to a child custody determination or another 5
3739	3739	individual or entity having a right under the law of this 6
3740	3740	state or any other state to seek a child custody 7
3741	3741	determination for the child may file a petition seeking 8
3742	3742	abduction prevention measures to protect the child under 9
3743	3743	sections 452.1100 to 452.1122. 10
3744	3744	3. A prosecutor or public authority designated under 11
3745	3745	section 452.910 may seek a warrant to take physical custody 12
3746	3746	of a child under section 452.885 or other appropriate 13
3747	3747	prevention measures. 14
3748	3748	452.1108. 1. A petition under sections 452.1100 to 1
3749	3749	452.1122 may be filed only in a court that has jurisdiction 2
3750	3750	to make a child custody determination with respect to the 3
3751	3751	child at issue under sections 452.700 to 452.930. 4
3752	3752	2. A court of this state has temporary emergency 5
3753	3753	jurisdiction under section 452.755 if the court finds a 6
3754	3754	credible risk of abduction. 7
3755	3755	452.1110. A petition under sections 452.1100 to 1
3756	3756	452.1122 shall be verified and include a copy of any 2
3757	3757	existing child custody determination, if available. The 3
3758	3758	petition shall specify the risk factors for abduction, 4
3759	3759	including the relevant factors described in section 5
3760	3760	452.1112. Subject to subsection 5 of section 452.780, if 6
3761	3761	reasonably ascertainable, the petition shall contain: 7
3762	3762	(1) The name, date of birth, and sex of the child; 8
3763	3763	(2) The customary address and current physical 9
3764	3764	location of the child; 10
3765	3765	(3) The identity, customary address, and current 11
3766	3766	physical location of the respondent; 12 SB 143 118
3767	3767	(4) A statement of whether a prior action to prevent 13
3768	3768	abduction or domestic violence has been filed by a party or 14
3769	3769	other individual or entity having custody of the child, and 15
3770	3770	the date, location, and disposition of the action; 16
3771	3771	(5) A statement of whether a party to the proceeding 17
3772	3772	has been arrested for a crime related to domestic violence, 18
3773	3773	stalking, or child abuse or neglect, and the date, location, 19
3774	3774	and disposition of the case; and 20
3775	3775	(6) Any other information required to be submitted to 21
3776	3776	the court for a child custody determination under section 22
3777	3777	452.780. 23
3778	3778	452.1112. 1. In determining whether there is a 1
3779	3779	credible risk of abduction of a child, the court shall 2
3780	3780	consider any evidence that the petitioner or respondent: 3
3781	3781	(1) Has previously abducted or attempted to abduct the 4
3782	3782	child; 5
3783	3783	(2) Has threatened to abduct the child; 6
3784	3784	(3) Has recently engaged in activities that may 7
3785	3785	indicate a planned abduction, including: 8
3786	3786	(a) Abandoning employment; 9
3787	3787	(b) Selling a primary residence; 10
3788	3788	(c) Terminating a lease; 11
3789	3789	(d) Closing bank or other financial management 12
3790	3790	accounts, liquidating assets, hiding or destroying financial 13
3791	3791	documents, or conducting any unusual financial activities; 14
3792	3792	(e) Applying for a passport or visa or obtaining 15
3793	3793	travel documents for the respondent, a family member, or the 16
3794	3794	child; or 17
3795	3795	(f) Seeking to obtain the child's birth certificate or 18
3796	3796	school or medical records; 19
3797	3797	(4) Has engaged in domestic violence, stalking, or 20
3798	3798	child abuse or neglect; 21 SB 143 119
3799	3799	(5) Has refused to follow a child custody 22
3800	3800	determination; 23
3801	3801	(6) Lacks strong familial, financial, emotional, or 24
3802	3802	cultural ties to the state or the United States; 25
3803	3803	(7) Has strong familial, financial, emotional, or 26
3804	3804	cultural ties to another state or country; 27
3805	3805	(8) Is likely to take the child to a country that: 28
3806	3806	(a) Is not a party to the Hague Convention on the 29
3807	3807	Civil Aspects of International Child Abduction and does not 30
3808	3808	provide for the extradition of an abducting parent or for 31
3809	3809	the return of an abducted child; 32
3810	3810	(b) Is a party to the Hague Convention on the Civil 33
3811	3811	Aspects of International Child Abduction but: 34
3812	3812	a. The Hague Convention on the Civil Aspects of 35
3813	3813	International Child Abduction is not in force between the 36
3814	3814	United States and that country; 37
3815	3815	b. Is noncompliant according to the most recent 38
3816	3816	compliance report issued by the United States Department of 39
3817	3817	State; or 40
3818	3818	c. Lacks legal mechanisms for immediately and 41
3819	3819	effectively enforcing a return order under the Hague 42
3820	3820	Convention on the Civil Aspects of International Child 43
3821	3821	Abduction; 44
3822	3822	(c) Poses a risk that the child's physical or 45
3823	3823	emotional health or safety would be endangered in the 46
3824	3824	country because of specific circumstances relating to the 47
3825	3825	child or because of human rights violations committed 48
3826	3826	against children; 49
3827	3827	(d) Has laws or practices that would: 50
3828	3828	a. Enable the respondent, without due cause, to 51
3829	3829	prevent the petitioner from contacting the child; 52 SB 143 120
3830	3830	b. Restrict the petitioner from freely traveling to or 53
3831	3831	exiting from the country because of the petitioner's sex, 54
3832	3832	nationality, marital status, or religion; or 55
3833	3833	c. Restrict the child's ability legally to leave the 56
3834	3834	country after the child reaches the age of majority because 57
3835	3835	of a child's sex, nationality, or religion; 58
3836	3836	(e) Is included by the United States Department of 59
3837	3837	State on a current list of state sponsors of terrorism; 60
3838	3838	(f) Does not have an official United States diplomatic 61
3839	3839	presence in the country; or 62
3840	3840	(g) Is engaged in active military action or war, 63
3841	3841	including a civil war, to which the child may be exposed; 64
3842	3842	(9) Is undergoing a change in immigration or 65
3843	3843	citizenship status that would adversely affect the 66
3844	3844	respondent's ability to remain in the United States legally; 67
3845	3845	(10) Has had an application for United States 68
3846	3846	citizenship denied; 69
3847	3847	(11) Has forged or presented misleading or false 70
3848	3848	evidence on government forms or supporting documents to 71
3849	3849	obtain or attempt to obtain a passport, a visa, travel 72
3850	3850	documents, a Social Security card, a driver's license, or 73
3851	3851	other government-issued identification card or has made a 74
3852	3852	misrepresentation to the United States government; 75
3853	3853	(12) Has used multiple names to attempt to mislead or 76
3854	3854	defraud; or 77
3855	3855	(13) Has engaged in any other conduct the court 78
3856	3856	considers relevant to the risk of abduction. 79
3857	3857	2. In the hearing on a petition under sections 80
3858	3858	452.1100 to 452.1122, the court shall consider any evidence 81
3859	3859	that the respondent believed in good faith that the 82
3860	3860	respondent's conduct was necessary to avoid imminent harm to 83
3861	3861	the child or respondent and any other evidence that may be 84 SB 143 121
3862	3862	relevant to whether the respondent may be permitted to 85
3863	3863	remove or retain the child. 86
3864	3864	452.1114. 1. If a petition is filed under sections 1
3865	3865	452.1100 to 452.1122, the court may enter an order that 2
3866	3866	shall include: 3
3867	3867	(1) The basis for the court's exercise of jurisdiction; 4
3868	3868	(2) The manner in which notice and opportunity to be 5
3869	3869	heard were given to the persons entitled to notice of the 6
3870	3870	proceeding; 7
3871	3871	(3) A detailed description of each party's custody and 8
3872	3872	visitation rights and residential arrangements for the child; 9
3873	3873	(4) A provision stating that a violation of the order 10
3874	3874	may subject the party in violation to civil and criminal 11
3875	3875	penalties; and 12
3876	3876	(5) Identification of the child's country of habitual 13
3877	3877	residence at the time of the issuance of the order. 14
3878	3878	2. If, at a hearing on a petition under sections 15
3879	3879	452.1100 to 452.1122 or on the court's own motion, the court 16
3880	3880	after reviewing the evidence finds a credible risk of 17
3881	3881	abduction of the child, the court shall enter an abduction 18
3882	3882	prevention order. The order shall include the provisions 19
3883	3883	required by subsection 1 of this section and measures and 20
3884	3884	conditions, including those in subsections 3, 4, and 5 of 21
3885	3885	this section, that are reasonably calculated to prevent 22
3886	3886	abduction of the child, giving due consideration to the 23
3887	3887	potential harm to the child from an abduction, the legal and 24
3888	3888	practical difficulties of returning the child to the 25
3889	3889	jurisdiction if abducted, and the reasons for the potential 26
3890	3890	abduction, including evidence of domestic violence, 27
3891	3891	stalking, or child abuse or neglect. 28
3892	3892	3. An abduction prevention order may include one or 29
3893	3893	more of the following: 30 SB 143 122
3894	3894	(1) An imposition of travel restrictions that require 31
3895	3895	that a party traveling with the child outside a designated 32
3896	3896	geographical area provide the other party with the following: 33
3897	3897	(a) The travel itinerary of the child; 34
3898	3898	(b) A list of physical addresses and telephone numbers 35
3899	3899	at which the child can be reached at specified times; and 36
3900	3900	(c) Copies of all travel documents; 37
3901	3901	(2) A prohibition of the respondent directly or 38
3902	3902	indirectly: 39
3903	3903	(a) Removing the child from this state, the United 40
3904	3904	States, or another geographic area without permission of the 41
3905	3905	court or the petitioner's written consent; 42
3906	3906	(b) Removing or retaining the child in violation of a 43
3907	3907	child custody determination; 44
3908	3908	(c) Removing the child from school or a child care or 45
3909	3909	similar facility; or 46
3910	3910	(d) Approaching the child at any location other than a 47
3911	3911	site designated for supervised visitation; 48
3912	3912	(3) A requirement that a party register the order in 49
3913	3913	another state as a prerequisite to allowing the child to 50
3914	3914	travel to that state; 51
3915	3915	(4) With regard to the child's passport: 52
3916	3916	(a) A direction that the petitioner place the child's 53
3917	3917	name in the United States Department of State's Child 54
3918	3918	Passport Issuance Alert Program; 55
3919	3919	(b) A requirement that the respondent surrender to the 56
3920	3920	court or the petitioner's attorney any United States or 57
3921	3921	foreign passport issued in the child's name, including a 58
3922	3922	passport issued in the name of both the parent and the 59
3923	3923	child; and 60 SB 143 123
3924	3924	(c) A prohibition upon the respondent from applying on 61
3925	3925	behalf of the child for a new or replacement passport or 62
3926	3926	visa; 63
3927	3927	(5) As a prerequisite to exercising custody or 64
3928	3928	visitation, a requirement that the respondent provide: 65
3929	3929	(a) To the United States Department of State Office of 66
3930	3930	Children's Issues and the relevant foreign consulate or 67
3931	3931	embassy, an authenticated copy of the order detailing 68
3932	3932	passport and travel restrictions for the child; 69
3933	3933	(b) To the court: 70
3934	3934	a. Proof that the respondent has provided the 71
3935	3935	information in paragraph (a) of this subdivision; and 72
3936	3936	b. An acknowledgment in a record from the relevant 73
3937	3937	foreign consulate or embassy that no passport application 74
3938	3938	has been made, or passport issued, on behalf of the child; 75
3939	3939	(c) To the petitioner, proof of registration with the 76
3940	3940	United States Embassy or other United States diplomatic 77
3941	3941	presence in the destination country and with the Central 78
3942	3942	Authority for the Hague Convention on the Civil Aspects of 79
3943	3943	International Child Abduction, if that Convention is in 80
3944	3944	effect between the United States and the destination 81
3945	3945	country, unless one of the parties objects; and 82
3946	3946	(d) A written waiver under 5 U.S.C. Section 552a of 83
3947	3947	the Privacy Act of 1974, as amended, with respect to any 84
3948	3948	document, application, or other information pertaining to 85
3949	3949	the child authorizing its disclosure to the court and the 86
3950	3950	petitioner; and 87
3951	3951	(6) Upon the petitioner's request, a requirement that 88
3952	3952	the respondent obtain an order from the relevant foreign 89
3953	3953	country containing terms identical to the child custody 90
3954	3954	determination issued in the United States. 91 SB 143 124
3955	3955	4. In an abduction prevention order, the court may 92
3956	3956	impose conditions on the exercise of custody or visitation 93
3957	3957	that: 94
3958	3958	(1) Limit visitation or require that visitation with 95
3959	3959	the child by the respondent be supervised until the court 96
3960	3960	finds that supervision is no longer necessary and order the 97
3961	3961	respondent to pay the costs of supervision; 98
3962	3962	(2) Require the respondent to post a bond or provide 99
3963	3963	other security in an amount sufficient to serve as a 100
3964	3964	financial deterrent to abduction, the proceeds of which may 101
3965	3965	be used to pay for the reasonable expenses of recovery of 102
3966	3966	the child, including reasonable attorneys' fees and costs if 103
3967	3967	there is an abduction; and 104
3968	3968	(3) Require the respondent to obtain education on the 105
3969	3969	potentially harmful effects to the child from abduction. 106
3970	3970	5. To prevent imminent abduction of a child, a court 107
3971	3971	may: 108
3972	3972	(1) Issue a warrant to take physical custody of the 109
3973	3973	child; 110
3974	3974	(2) Direct the use of law enforcement to take any 111
3975	3975	action reasonably necessary to locate the child, obtain 112
3976	3976	return of the child, or enforce a custody determination 113
3977	3977	under sections 452.1100 to 452.1122 or the law of this state 114
3978	3978	other than sections 452.1100 to 452.1122; or 115
3979	3979	(3) Grant any other relief allowed under the law of 116
3980	3980	this state other than sections 452.1100 to 452.1122. 117
3981	3981	6. The remedies provided in sections 452.1100 to 118
3982	3982	452.1122 are cumulative and do not affect the availability 119
3983	3983	of other remedies to prevent abduction. 120
3984	3984	452.1118. An abduction prevention order remains in 1
3985	3985	effect until the earliest of: 2
3986	3986	(1) The time stated in the order; 3 SB 143 125
3987	3987	(2) The emancipation of the child; 4
3988	3988	(3) The child's attaining eighteen years of age; or 5
3989	3989	(4) The time the order is modified, revoked, vacated, 6
3990	3990	or superseded by a court with jurisdiction under sections 7
3991	3991	452.740, 452.745, and 452.750 and applicable law of this 8
3992	3992	state. 9
3993	3993	452.1120. In applying and construing sections 452.1100 1
3994	3994	to 452.1122, consideration shall be given to the need to 2
3995	3995	promote uniformity of the law with respect to its subject 3
3996	3996	matter among states that enact it. 4
3997	3997	452.1122. Sections 452.1100 to 452.1122 modifies, 1
3998	3998	limits, and supersedes the federal Electronic Signatures in 2
3999	3999	Global and National Commerce Act, 15 U.S.C. Section 7001, et 3
4000	4000	seq., but does not modify, limit, or supersede Section 4
4001	4001	101(c) of the act, 15 U.S.C. Section 7001(c), or authorize 5
4002	4002	electronic delivery of any of the notices described in 6
4003	4003	Section 103(b) of that act, 15 U.S.C. Section 7003(b). 7
4004	4004	454.1050. 1. This section shall be known and may be 1
4005	4005	cited as "Bentley and Mason's Law". 2
4006	4006	2. The court may order a defendant convicted of the 3
4007	4007	offense of driving while intoxicated to pay restitution for 4
4008	4008	a child whose parent or guardian died as a result of such 5
4009	4009	offense. 6
4010	4010	3. Notwithstanding any provision of law under chapter 7
4011	4011	559 relating to restitution, and subject to subsection 4 of 8
4012	4012	this section, the court shall determine a monthly amount to 9
4013	4013	be paid for the support of the child until the child reaches 10
4014	4014	eighteen years of age or has graduated from high school, 11
4015	4015	whichever is later. 12
4016	4016	4. The defendant shall not be required to pay 13
4017	4017	restitution under this section to an individual who is 14
4018	4018	nineteen years of age or older. 15 SB 143 126
4019	4019	5. The court shall order the defendant to pay 16
4020	4020	restitution in an amount that is reasonable and necessary to 17
4021	4021	support the child, considering all relevant factors, 18
4022	4022	including: 19
4023	4023	(1) The financial needs and resources of the child; 20
4024	4024	(2) The financial needs and resources of the surviving 21
4025	4025	parent or guardian or other current guardian of the child, 22
4026	4026	including the state if the state is the guardian; 23
4027	4027	(3) The standard of living to which the child is 24
4028	4028	accustomed; 25
4029	4029	(4) The physical and emotional condition of the child 26
4030	4030	and the child's educational needs; 27
4031	4031	(5) The child's physical and legal custody 28
4032	4032	arrangements; 29
4033	4033	(6) The reasonable work-related child care expenses of 30
4034	4034	the surviving parent or guardian or other current guardian, 31
4035	4035	if applicable; and 32
4036	4036	(7) The financial resources of the defendant. 33
4037	4037	6. The order of restitution under this section shall 34
4038	4038	require restitution payments to be: 35
4039	4039	(1) Delivered in the manner described under subsection 36
4040	4040	7 of this section, as appropriate; and 37
4041	4041	(2) Directed to the parent or guardian of the child or 38
4042	4042	the state, as applicable. 39
4043	4043	7. The order of restitution under this section shall 40
4044	4044	require the defendant to: 41
4045	4045	(1) Make restitution directly to the person or agency 42
4046	4046	that will accept and forward restitution payments to the 43
4047	4047	victim or other person eligible for restitution under this 44
4048	4048	section; or 45
4049	4049	(2) Deliver the amount due as restitution to the 46
4050	4050	division of probation and parole or to the department of 47 SB 143 127
4051	4051	corrections for transfer to the victim, or person, or state, 48
4052	4052	as appropriate. 49
4053	4053	8. If a defendant ordered to pay restitution under 50
4054	4054	this section is unable to make the required restitution 51
4055	4055	payments because the defendant is confined or imprisoned in 52
4056	4056	a correctional facility, the defendant shall begin payments 53
4057	4057	no later than the first anniversary of the date of the 54
4058	4058	defendant's release from the facility. The defendant may 55
4059	4059	enter into a payment plan to address any arrearage that 56
4060	4060	exists on the date of the defendant's release. The 57
4061	4061	defendant shall pay all arrearages regardless of whether the 58
4062	4062	restitution payments were scheduled to terminate while the 59
4063	4063	defendant was confined or imprisoned in the correctional 60
4064	4064	facility. 61
4065	4065	9. The amount of restitution paid under this section 62
4066	4066	shall be deducted from any civil judgment against the 63
4067	4067	defendant and shall not be construed to abrogate any common 64
4068	4068	law cause of action. 65
4069	4069	10. A restitution order issued under this section may 66
4070	4070	be enforced by the office of the attorney general, or by a 67
4071	4071	person or a parent or guardian of the person named in the 68
4072	4072	order to receive the restitution, in the same manner as a 69
4073	4073	judgment in a civil action. 70
4074	4074	455.010. As used in this chapter, unless the context 1
4075	4075	clearly indicates otherwise, the following terms shall mean: 2
4076	4076	(1) "Abuse", includes but is not limited to the 3
4077	4077	occurrence of any of the following acts, attempts or threats 4
4078	4078	against a person who may be protected pursuant to this 5
4079	4079	chapter, except abuse shall not include abuse inflicted on a 6
4080	4080	child by accidental means by an adult household member or 7
4081	4081	discipline of a child, including spanking, in a reasonable 8
4082	4082	manner: 9 SB 143 128
4083	4083	(a) "Abusing a pet", purposely or knowingly causing, 10
4084	4084	attempting to cause, or threatening to cause physical injury 11
4085	4085	to a pet with the intent to control, punish, intimidate, or 12
4086	4086	distress the petitioner; 13
4087	4087	(b) "Assault", purposely or knowingly placing or 14
4088	4088	attempting to place another in fear of physical harm; 15
4089	4089	(c) "Battery", purposely or knowingly causing physical 16
4090	4090	harm to another with or without a deadly weapon; 17
4091	4091	(d) "Coercion", compelling another by force or threat 18
4092	4092	of force to engage in conduct from which the latter has a 19
4093	4093	right to abstain or to abstain from conduct in which the 20
4094	4094	person has a right to engage; 21
4095	4095	(e) "Harassment", engaging in a purposeful or knowing 22
4096	4096	course of conduct involving more than one incident that 23
4097	4097	alarms or causes distress to an adult or child and serves no 24
4098	4098	legitimate purpose. The course of conduct must be such as 25
4099	4099	would cause a reasonable adult or child to suffer 26
4100	4100	substantial emotional distress and must actually cause 27
4101	4101	substantial emotional distress to the petitioner or child. 28
4102	4102	Such conduct might include, but is not limited to: 29
4103	4103	a. Following another about in a public place or places; 30
4104	4104	b. Peering in the window or lingering outside the 31
4105	4105	residence of another; but does not include constitutionally 32
4106	4106	protected activity; 33
4107	4107	(f) "Sexual assault", causing or attempting to cause 34
4108	4108	another to engage involuntarily in any sexual act by force, 35
4109	4109	threat of force, duress, or without that person's consent; 36
4110	4110	(g) "Unlawful imprisonment", holding, confining, 37
4111	4111	detaining or abducting another person against that person's 38
4112	4112	will; 39
4113	4113	(2) "Adult", any person [seventeen] eighteen years of 40
4114	4114	age or older or otherwise emancipated; 41 SB 143 129
4115	4115	(3) "Child", any person under [seventeen] eighteen 42
4116	4116	years of age unless otherwise emancipated; 43
4117	4117	(4) "Court", the circuit or associate circuit judge or 44
4118	4118	a family court commissioner; 45
4119	4119	(5) "Domestic violence", abuse or stalking committed 46
4120	4120	by a family or household member, as such terms are defined 47
4121	4121	in this section; 48
4122	4122	(6) "Ex parte order of protection", an order of 49
4123	4123	protection issued by the court before the respondent has 50
4124	4124	received notice of the petition or an opportunity to be 51
4125	4125	heard on it; 52
4126	4126	(7) "Family" or "household member", spouses, former 53
4127	4127	spouses, any person related by blood or marriage, persons 54
4128	4128	who are presently residing together or have resided together 55
4129	4129	in the past, any person who is or has been in a continuing 56
4130	4130	social relationship of a romantic or intimate nature with 57
4131	4131	the victim, and anyone who has a child in common regardless 58
4132	4132	of whether they have been married or have resided together 59
4133	4133	at any time; 60
4134	4134	(8) "Full order of protection", an order of protection 61
4135	4135	issued after a hearing on the record where the respondent 62
4136	4136	has received notice of the proceedings and has had an 63
4137	4137	opportunity to be heard; 64
4138	4138	(9) "Order of protection", either an ex parte order of 65
4139	4139	protection or a full order of protection; 66
4140	4140	(10) "Pending", exists or for which a hearing date has 67
4141	4141	been set; 68
4142	4142	(11) "Pet", a living creature maintained by a 69
4143	4143	household member for companionship and not for commercial 70
4144	4144	purposes; 71
4145	4145	(12) "Petitioner", a family or household member who 72
4146	4146	has been a victim of domestic violence, or any person who 73 SB 143 130
4147	4147	has been the victim of stalking or sexual assault, or a 74
4148	4148	person filing on behalf of a child pursuant to section 75
4149	4149	455.503 who has filed a verified petition pursuant to the 76
4150	4150	provisions of section 455.020 or section 455.505; 77
4151	4151	(13) "Respondent", the family or household member 78
4152	4152	alleged to have committed an act of domestic violence, or 79
4153	4153	person alleged to have committed an act of stalking or 80
4154	4154	sexual assault, against whom a verified petition has been 81
4155	4155	filed or a person served on behalf of a child pursuant to 82
4156	4156	section 455.503; 83
4157	4157	(14) "Sexual assault", as defined under subdivision 84
4158	4158	(1) of this section; 85
4159	4159	(15) "Stalking", is when any person purposely engages 86
4160	4160	in an unwanted course of conduct that causes alarm to 87
4161	4161	another person, or a person who resides together in the same 88
4162	4162	household with the person seeking the order of protection 89
4163	4163	when it is reasonable in that person's situation to have 90
4164	4164	been alarmed by the conduct. As used in this subdivision: 91
4165	4165	(a) "Alarm", to cause fear of danger of physical harm; 92
4166	4166	and 93
4167	4167	(b) "Course of conduct", two or more acts that serve 94
4168	4168	no legitimate purpose including, but not limited to, acts in 95
4169	4169	which the stalker directly, indirectly, or through a third 96
4170	4170	party follows, monitors, observes, surveils, threatens, or 97
4171	4171	communicates to a person by any action, method, or device. 98
4172	4172	455.035. 1. Upon the filing of a verified petition 1
4173	4173	pursuant to sections 455.010 to 455.085 and for good cause 2
4174	4174	shown in the petition, the court may immediately issue an ex 3
4175	4175	parte order of protection. An immediate and present danger 4
4176	4176	of domestic violence to the petitioner or the child on whose 5
4177	4177	behalf the petition is filed shall constitute good cause for 6
4178	4178	purposes of this section. An ex parte order of protection 7 SB 143 131
4179	4179	entered by the court shall take effect when entered and 8
4180	4180	shall remain in effect until there is valid service of 9
4181	4181	process and a hearing is held on the motion. The court 10
4182	4182	shall deny the ex parte order and dismiss the petition if 11
4183	4183	the petitioner is not authorized to seek relief pursuant to 12
4184	4184	section 455.020. 13
4185	4185	2. Failure to serve an ex parte order of protection on 14
4186	4186	the respondent shall not affect the validity or 15
4187	4187	enforceability of such order. If the respondent is less 16
4188	4188	than [seventeen] eighteen years of age, unless otherwise 17
4189	4189	emancipated, service of process shall be made upon a 18
4190	4190	custodial parent or guardian of the respondent, or upon a 19
4191	4191	guardian ad litem appointed by the court, requiring that the 20
4192	4192	person appear and bring the respondent before the court at 21
4193	4193	the time and place stated. 22
4194	4194	3. If an ex parte order is entered and the respondent 23
4195	4195	is less than [seventeen] eighteen years of age, the court 24
4196	4196	shall transfer the case to juvenile court for a hearing on a 25
4197	4197	full order of protection. The court shall appoint a 26
4198	4198	guardian ad litem for any such respondent not represented by 27
4199	4199	a parent or guardian. 28
4200	4200	455.098. 1. Upon the request of the victim or the 1
4201	4201	prosecuting or circuit attorney, a court shall have 2
4202	4202	jurisdiction at the time of sentencing to enter a lifetime 3
4203	4203	protection order restraining or enjoining the defendant from 4
4204	4204	contacting the victim if the defendant has been found guilty 5
4205	4205	of a dangerous felony, as defined in section 556.061. The 6
4206	4206	protection order shall be effective immediately and shall be 7
4207	4207	served on the defendant at the time of sentencing. An order 8
4208	4208	issued pursuant to this section shall not expire and is 9
4209	4209	valid for the defendant's lifetime unless: 10 SB 143 132
4210	4210	(1) The defendant makes a showing to the court that 11
4211	4211	the victim has died or the conviction has been dismissed, 12
4212	4212	expunged, or overturned or the defendant has been pardoned; 13
4213	4213	or 14
4214	4214	(2) The victim submits a written request to the court 15
4215	4215	for an early expiration upon which the court may hold a 16
4216	4216	hearing to terminate the order. 17
4217	4217	2. A copy of any order of protection granted pursuant 18
4218	4218	to this section shall be issued to the victim and to the 19
4219	4219	local law enforcement agency in the jurisdiction where the 20
4220	4220	victim resides. The court shall provide all necessary 21
4221	4221	information, including the defendant's relationship to the 22
4222	4222	victim, for entry of the order of protection into the 23
4223	4223	Missouri Uniform Law Enforcement System (MULES) and the 24
4224	4224	National Crime Information Center (NCIC). Upon receiving 25
4225	4225	the order under this subsection, the sheriff shall make the 26
4226	4226	entry into MULES within twenty-four hours. MULES shall 27
4227	4227	forward the order information to NCIC, which will in turn 28
4228	4228	make the order viewable within the National Instant Criminal 29
4229	4229	Background Check System (NICS). The sheriff shall enter 30
4230	4230	information contained in the order, including, but not 31
4231	4231	limited to, any orders regarding child custody or visitation 32
4232	4232	and all specifics as to times and dates of custody or 33
4233	4233	visitation that are provided in the order. A notice of 34
4234	4234	termination of any order of protection or any change in 35
4235	4235	child custody or visitation within that order shall be 36
4236	4236	issued to the local law enforcement agency for entry into 37
4237	4237	MULES or any other comparable law enforcement system. The 38
4238	4238	information contained in an order of protection may be 39
4239	4239	entered into MULES or any other comparable law enforcement 40
4240	4240	system using a direct automated data transfer from the court 41
4241	4241	automated system to the law enforcement system. 42 SB 143 133
4242	4242	455.513. 1. The court may immediately issue an ex 1
4243	4243	parte order of protection upon the filing of a verified 2
4244	4244	petition under sections 455.500 to 455.538, for good cause 3
4245	4245	shown in the petition, and upon finding that: 4
4246	4246	(1) No prior order regarding custody involving the 5
4247	4247	respondent and the child is pending or has been made; or 6
4248	4248	(2) The respondent is less than [seventeen] eighteen 7
4249	4249	years of age. 8
4250	4250	An immediate and present danger of domestic violence, 9
4251	4251	including danger to the child's pet, stalking, or sexual 10
4252	4252	assault to a child shall constitute good cause for purposes 11
4253	4253	of this section. An ex parte order of protection entered by 12
4254	4254	the court shall be in effect until the time of the hearing. 13
4255	4255	The court shall deny the ex parte order and dismiss the 14
4256	4256	petition if the petitioner is not authorized to seek relief 15
4257	4257	pursuant to section 455.505. 16
4258	4258	2. Upon the entry of the ex parte order of protection, 17
4259	4259	the court shall enter its order appointing a guardian ad 18
4260	4260	litem or court-appointed special advocate to represent the 19
4261	4261	child victim. 20
4262	4262	3. If the allegations in the petition would give rise 21
4263	4263	to jurisdiction under section 211.031, the court may direct 22
4264	4264	the children's division to conduct an investigation and to 23
4265	4265	provide appropriate services. The division shall submit a 24
4266	4266	written investigative report to the court and to the 25
4267	4267	juvenile officer within thirty days of being ordered to do 26
4268	4268	so. The report shall be made available to the parties and 27
4269	4269	the guardian ad litem or court-appointed special advocate. 28
4270	4270	4. If the allegations in the petition would give rise 29
4271	4271	to jurisdiction under section 211.031 because the respondent 30
4272	4272	is less than [seventeen] eighteen years of age, the court 31 SB 143 134
4273	4273	may issue an ex parte order and shall transfer the case to 32
4274	4274	juvenile court for a hearing on a full order of protection. 33
4275	4275	Service of process shall be made pursuant to section 455.035. 34
4276	4276	478.001. 1. For purposes of sections 478.001 to 1
4277	4277	478.009, the following terms shall mean: 2
4278	4278	(1) "Adult treatment court", a treatment court focused 3
4279	4279	on addressing the substance use disorder or co-occurring 4
4280	4280	disorder of defendants charged with a criminal offense; 5
4281	4281	(2) "Community-based substance use disorder treatment 6
4282	4282	program", an agency certified by the department of mental 7
4283	4283	health as a substance use disorder treatment provider; 8
4284	4284	(3) "Co-occurring disorder", the coexistence of both a 9
4285	4285	substance use disorder and a mental health disorder; 10
4286	4286	(4) "DWI court", a treatment court focused on 11
4287	4287	addressing the substance use disorder or co-occurring 12
4288	4288	disorder of defendants who have pleaded guilty to or been 13
4289	4289	found guilty of driving while intoxicated or driving with 14
4290	4290	excessive blood alcohol content; 15
4291	4291	(5) "Family treatment court", a treatment court 16
4292	4292	focused on addressing a substance use disorder or co- 17
4293	4293	occurring disorder existing in families in the juvenile 18
4294	4294	court, family court, or criminal court in which a parent or 19
4295	4295	other household member has been determined to have a 20
4296	4296	substance use disorder or co-occurring disorder that impacts 21
4297	4297	the safety and well-being of the children in the family; 22
4298	4298	(6) "Juvenile treatment court", a treatment court 23
4299	4299	focused on addressing the substance use disorder or co- 24
4300	4300	occurring disorder of juveniles in the juvenile court; 25
4301	4301	(7) "Medication-assisted treatment", the use of 26
4302	4302	pharmacological medications, in combination with counseling 27
4303	4303	and behavioral therapies, to provide a whole-patient 28
4304	4304	approach to the treatment of substance use disorders; 29 SB 143 135
4305	4305	(8) "Mental health court", a treatment court focused 30
4306	4306	on addressing the mental health disorder or co-occurring 31
4307	4307	disorder of defendants charged with a criminal offense; 32
4308	4308	(9) "Mental health disorder", any organic, mental, or 33
4309	4309	emotional impairment that has substantial adverse effects on 34
4310	4310	a person's cognitive, volitional, or emotional function and 35
4311	4311	that constitutes a substantial impairment in a person's 36
4312	4312	ability to participate in activities of normal living; 37
4313	4313	[(9)] (10) "Risk and needs assessment", an actuarial 38
4314	4314	tool, approved by the treatment courts coordinating 39
4315	4315	commission and validated on a targeted population of drug- 40
4316	4316	involved adult offenders, scientifically proven to determine 41
4317	4317	a person's risk to recidivate and to identify criminal risk 42
4318	4318	factors that, when properly addressed, can reduce that 43
4319	4319	person's likelihood of committing future criminal behavior; 44
4320	4320	[(10)] (11) "Substance use disorder", the recurrent 45
4321	4321	use of alcohol or drugs that causes clinically significant 46
4322	4322	impairment, including health problems, disability, and 47
4323	4323	failure to meet major responsibilities at work, school, or 48
4324	4324	home; 49
4325	4325	[(11)] (12) "Treatment court commissioner", a person 50
4326	4326	appointed by a majority of the circuit and associate circuit 51
4327	4327	judges in a circuit to preside as the judicial officer in 52
4328	4328	the treatment court division; 53
4329	4329	[(12)] (13) "Treatment court division", a specialized, 54
4330	4330	nonadversarial court division with jurisdiction over cases 55
4331	4331	involving substance-involved offenders and making extensive 56
4332	4332	use of comprehensive supervision, drug or alcohol testing, 57
4333	4333	and treatment services. Treatment court divisions include, 58
4334	4334	but are not limited to, the following specialized courts: 59
4335	4335	adult treatment court, DWI court, family treatment court, 60 SB 143 136
4336	4336	juvenile treatment court, mental health court, veterans 61
4337	4337	treatment court, or any combination thereof; 62
4338	4338	[(13)] (14) "Treatment court team", the following 63
4339	4339	members who are assigned to the treatment court: the judge 64
4340	4340	or treatment court commissioner, treatment court 65
4341	4341	administrator or coordinator, prosecutor, public defender or 66
4342	4342	member of the criminal defense bar, a representative from 67
4343	4343	the division of probation and parole, a representative from 68
4344	4344	law enforcement, substance use disorder or mental health 69
4345	4345	disorder treatment providers, and any other person selected 70
4346	4346	by the treatment court team; 71
4347	4347	[(14)] (15) "Veterans treatment court", a treatment 72
4348	4348	court focused on substance use disorders, co-occurring 73
4349	4349	disorders, or mental health disorders of defendants charged 74
4350	4350	with a criminal offense who are military veterans or current 75
4351	4351	military personnel. 76
4352	4352	2. A treatment court division shall be established, 77
4353	4353	prior to August 28, 2021, by any circuit court pursuant to 78
4354	4354	sections 478.001 to 478.009 to provide an alternative for 79
4355	4355	the judicial system to dispose of cases which stem from, or 80
4356	4356	are otherwise impacted by, a substance use disorder or 81
4357	4357	mental health disorder. The treatment court division may 82
4358	4358	include, but not be limited to, cases assigned to an adult 83
4359	4359	treatment court, DWI court, family treatment court, juvenile 84
4360	4360	treatment court, mental health court, veterans treatment 85
4361	4361	court, or any combination thereof. A treatment court shall 86
4362	4362	combine judicial supervision, drug or alcohol testing, and 87
4363	4363	treatment of participants. Except for good cause found by 88
4364	4364	the court, a treatment court making a referral for substance 89
4365	4365	use disorder or mental health disorder treatment, when such 90
4366	4366	program will receive state or federal funds in connection 91
4367	4367	with such referral, shall refer the person only to a program 92 SB 143 137
4368	4368	which is certified by the department of mental health, 93
4369	4369	unless no appropriate certified treatment program is located 94
4370	4370	within the same county as the treatment court. Upon 95
4371	4371	successful completion of the treatment court program, the 96
4372	4372	charges, petition, or penalty against a treatment court 97
4373	4373	participant may be dismissed, reduced, or modified, unless 98
4374	4374	otherwise stated. Any fees received by a court from a 99
4375	4375	defendant as payment for substance or mental health 100
4376	4376	treatment programs shall not be considered court costs, 101
4377	4377	charges or fines. 102
4378	4378	3. An adult treatment court may be established by any 103
4379	4379	circuit court [under sections 478.001 to 478.009] to provide 104
4380	4380	an alternative for the judicial system to dispose of cases 105
4381	4381	which stem from substance use. 106
4382	4382	4. [Under sections 478.001 to 478.009,] A DWI court 107
4383	4383	may be established by any circuit court to provide an 108
4384	4384	alternative for the judicial system to dispose of cases that 109
4385	4385	stem from driving while intoxicated. 110
4386	4386	5. A family treatment court may be established by any 111
4387	4387	circuit court. The juvenile division of the circuit court 112
4388	4388	or the family court, if one is established under section 113
4389	4389	487.010, may refer one or more parents or other household 114
4390	4390	members subject to its jurisdiction to the family treatment 115
4391	4391	court if he or she has been determined to have a substance 116
4392	4392	use disorder or co-occurring disorder that impacts the 117
4393	4393	safety and well-being of the children in the family. 118
4394	4394	6. A juvenile treatment court may be established by 119
4395	4395	the juvenile division of any circuit court. The juvenile 120
4396	4396	division may refer a juvenile to the juvenile treatment 121
4397	4397	court if the juvenile is determined to have committed acts 122
4398	4398	that violate the criminal laws of the state or ordinances of 123
4399	4399	a municipality or county and a substance use disorder or co- 124 SB 143 138
4400	4400	occurring disorder contributed to the commission of the 125
4401	4401	offense. 126
4402	4402	7. The general assembly finds and declares that it is 127
4403	4403	the public policy of this state to encourage and provide an 128
4404	4404	alternative method for the disposal of cases for military 129
4405	4405	veterans and current military personnel with substance use 130
4406	4406	disorders, mental health disorders, or co-occurring 131
4407	4407	disorders. In order to effectuate this public policy, a 132
4408	4408	veterans treatment court may be established by any circuit 133
4409	4409	court, or combination of circuit courts upon agreement of 134
4410	4410	the presiding judges of such circuit courts, to provide an 135
4411	4411	alternative for the judicial system to dispose of cases that 136
4412	4412	stem from a substance use disorder, mental health disorder, 137
4413	4413	or co-occurring disorder of military veterans or current 138
4414	4414	military personnel. A veterans treatment court shall 139
4415	4415	combine judicial supervision, drug or alcohol testing, and 140
4416	4416	substance use and mental health disorder treatment to 141
4417	4417	participants who have served or are currently serving the 142
4418	4418	United States Armed Forces, including members of the 143
4419	4419	Reserves or National Guard, with preference given to 144
4420	4420	individuals who have combat service. For the purposes of 145
4421	4421	this section, combat service shall be shown through military 146
4422	4422	service documentation that reflects service in a combat 147
4423	4423	theater, receipt of combat service medals, or receipt of 148
4424	4424	imminent danger or hostile fire pay or tax benefits. Except 149
4425	4425	for good cause found by the court, a veterans treatment 150
4426	4426	court shall make a referral for substance use or mental 151
4427	4427	health disorder treatment, or a combination of substance use 152
4428	4428	and mental health disorder treatment, through the Department 153
4429	4429	of Defense health care, the Veterans Administration, or a 154
4430	4430	community-based substance use disorder treatment program. 155
4431	4431	Community-based programs utilized shall receive state or 156 SB 143 139
4432	4432	federal funds in connection with such referral and shall 157
4433	4433	only refer the individual to a program certified by the 158
4434	4434	department of mental health, unless no appropriate certified 159
4435	4435	treatment program is located within the same circuit as the 160
4436	4436	veterans treatment court. 161
4437	4437	8. A mental health court may be established by any 162
4438	4438	circuit court to provide an alternative for the judicial 163
4439	4439	system to dispose of cases that stem from a mental health 164
4440	4440	disorder or co-occurring disorder. 165
4441	4441	490.692. 1. Any records or copies of records 1
4442	4442	reproduced in the ordinary course of business by any 2
4443	4443	photographic, photostatic, microfilm, microcard, miniature 3
4444	4444	photographic, optical disk imaging, or other process which 4
4445	4445	accurately reproduces or forms a durable medium for so 5
4446	4446	reproducing the original that would be admissible under 6
4447	4447	sections 490.660 to 490.690 shall be admissible as a 7
4448	4448	business record, subject to other substantive or procedural 8
4449	4449	objections, in any court in this state upon the affidavit of 9
4450	4450	the person who would otherwise provide the prerequisites of 10
4451	4451	sections 490.660 to 490.690, that the records attached to 11
4452	4452	the affidavit were kept as required by section 490.680. 12
4453	4453	2. No party shall be permitted to offer such business 13
4454	4454	records into evidence pursuant to this section unless all 14
4455	4455	other parties to the action have been served with copies of 15
4456	4456	such records and such affidavit at least seven days prior to 16
4457	4457	the day upon which trial of the cause commences. 17
4458	4458	3. The affidavit permitted by this section may be in 18
4459	4459	form and content substantially as follows: 19
4460	4460	20 THE STATE OF ______
4461	4461	21 COUNTY OF ______
4462	4462	22 AFFIDAVIT SB 143 140
4463	4463	4. Notwithstanding any other provision of law to the 49
4464	4464	contrary, an affidavit offered pursuant to this section 50
4465	4465	shall not be deemed invalid for the reason that it utilizes 51
4466	4466	an electronic signature or digital signature. 52
4467	4467	5. Notwithstanding any other provision of law to the 53
4468	4468	contrary, an affidavit offered pursuant to this section 54
4469	4469	shall not be deemed invalid for the reason that it does not 55
4470	4470	include a notarization. 56
4471	4471	23
4472	4472	24
4473	4473	25
4474	4474	Before me, the undersigned authority, personally
4475	4475	appeared ______, who, being by me duly sworn,
4476	4476	deposed as follows:
4477	4477
4478	4478
4479	4479	26
4480	4480	27
4481	4481	28
4482	4482	My name is ______, I am of sound mind, capable of
4483	4483	making this affidavit, and personally acquainted with the facts herein stated:
4484	4484
4485	4485
4486	4486	29
4487	4487	30
4488	4488	31
4489	4489	32
4490	4490	33
4491	4491	34
4492	4492	35
4493	4493	36
4494	4494	37
4495	4495	38
4496	4496	39
4497	4497	40
4498	4498	41
4499	4499	I am the custodian of the records of ______.
4500	4500	Attached hereto are ______ pages of records from ______. These ______ pages of records are kept by
4501	4501	______ in the regular course of business, and it
4502	4502	was the regular course of business of ______ for an
4503	4503	employee or representative of ______ with knowledge
4504	4504	of the act, event, condition, opinion, or diagnosis
4505	4505	recorded to make the record or to transmit
4506	4506	information thereof to be included in such record;
4507	4507	and the record was made at or near the time of the
4508	4508	act, event, condition, opinion or diagnosis. The
4509	4509	records attached hereto are the original or exact
4510	4510	duplicates of the original.
4511	4511
4512	4512
4513	4513	42 __________________
4514	4514	43 Affiant
4515	4515	44
4516	4516	45
4517	4517	46
4518	4518	[In witness whereof I have hereunto subscribed my
4519	4519	name and affixed my official seal this ______ day
4520	4520	of ______, 20______.
4521	4521
4522	4522	47 __________________ __________________
4523	4523	48 (Signed) (Seal)] SB 143 141
4524	4524	6. Notwithstanding any other provision of law to the 57
4525	4525	contrary, an affidavit offered pursuant to this section 58
4526	4526	shall be signed in a manner that, if falsely made, would 59
4527	4527	subject the signer to criminal penalties pursuant to section 60
4528	4528	575.040. 61
4529	4529	491.075. 1. A statement made by a child under the age 1
4530	4530	of [fourteen] eighteen, or a vulnerable person, relating to 2
4531	4531	an offense under chapter 565, 566, 568 or 573, performed by 3
4532	4532	another, not otherwise admissible by statute or court rule, 4
4533	4533	is admissible in evidence in criminal proceedings in the 5
4534	4534	courts of this state as substantive evidence to prove the 6
4535	4535	truth of the matter asserted if: 7
4536	4536	(1) The court finds, in a hearing conducted outside 8
4537	4537	the presence of the jury that the time, content and 9
4538	4538	circumstances of the statement provide sufficient indicia of 10
4539	4539	reliability; and 11
4540	4540	(2) (a) The child or vulnerable person testifies at 12
4541	4541	the proceedings; or 13
4542	4542	(b) The child or vulnerable person is unavailable as a 14
4543	4543	witness; or 15
4544	4544	(c) The child or vulnerable person is otherwise 16
4545	4545	physically available as a witness but the court finds that 17
4546	4546	the significant emotional or psychological trauma which 18
4547	4547	would result from testifying in the personal presence of the 19
4548	4548	defendant makes the child or vulnerable person unavailable 20
4549	4549	as a witness at the time of the criminal proceeding. 21
4550	4550	2. Notwithstanding subsection 1 of this section or any 22
4551	4551	provision of law or rule of evidence requiring corroboration 23
4552	4552	of statements, admissions or confessions of the defendant, 24
4553	4553	and notwithstanding any prohibition of hearsay evidence, a 25
4554	4554	statement by a child when under the age of [fourteen] 26
4555	4555	eighteen, or a vulnerable person, who is alleged to be 27 SB 143 142
4556	4556	victim of an offense under chapter 565, 566, 568 or 573 is 28
4557	4557	sufficient corroboration of a statement, admission or 29
4558	4558	confession regardless of whether or not the child or 30
4559	4559	vulnerable person is available to testify regarding the 31
4560	4560	offense. 32
4561	4561	3. A statement may not be admitted under this section 33
4562	4562	unless the prosecuting attorney makes known to the accused 34
4563	4563	or the accused's counsel his or her intention to offer the 35
4564	4564	statement and the particulars of the statement sufficiently 36
4565	4565	in advance of the proceedings to provide the accused or the 37
4566	4566	accused's counsel with a fair opportunity to prepare to meet 38
4567	4567	the statement. 39
4568	4568	4. Nothing in this section shall be construed to limit 40
4569	4569	the admissibility of statements, admissions or confessions 41
4570	4570	otherwise admissible by law. 42
4571	4571	5. For the purposes of this section, "vulnerable 43
4572	4572	person" shall mean a person who, as a result of an 44
4573	4573	inadequately developed or impaired intelligence or a 45
4574	4574	psychiatric disorder that materially affects ability to 46
4575	4575	function, lacks the mental capacity to consent, or whose 47
4576	4576	developmental level does not exceed that of an ordinary 48
4577	4577	child of [fourteen] seventeen years of age. 49
4578	4578	491.641. 1. (1) There is hereby created in the state 1
4579	4579	treasury the "Pretrial Witness Protection Services Fund", 2
4580	4580	which shall consist of moneys collected under this section. 3
4581	4581	The state treasurer shall be custodian of the fund. In 4
4582	4582	accordance with sections 30.170 and 30.180, the state 5
4583	4583	treasurer may approve disbursements. The fund shall be a 6
4584	4584	dedicated fund and money in the fund shall be used solely by 7
4585	4585	the department of public safety for the purposes of witness 8
4586	4586	protection services pursuant to this section. 9 SB 143 143
4587	4587	(2) Notwithstanding the provisions of section 33.080 10
4588	4588	to the contrary, any moneys remaining in the fund at the end 11
4589	4589	of the biennium shall not revert to the credit of the 12
4590	4590	general revenue fund. 13
4591	4591	(3) The state treasurer shall invest moneys in the 14
4592	4592	fund in the same manner as other funds are invested. Any 15
4593	4593	interest and moneys earned on such investments shall be 16
4594	4594	credited to the fund. 17
4595	4595	2. Any law enforcement agency and any prosecuting or 18
4596	4596	circuit attorney's office may provide for the security of 19
4597	4597	witnesses, potential witnesses, and their immediate families 20
4598	4598	in criminal proceedings instituted or investigations pending 21
4599	4599	against a person alleged to have engaged in a violation of 22
4600	4600	state law. Providing for witnesses may include provision of 23
4601	4601	housing facilities and for the health, safety, and welfare 24
4602	4602	of such witnesses and their immediate families, if testimony 25
4603	4603	by such a witness might subject the witness or a member of 26
4604	4604	his or her immediate family to danger of bodily injury, and 27
4605	4605	may continue so long as such danger exists. Subject to 28
4606	4606	appropriations from the general assembly for the purposes 29
4607	4607	provided for in this section, funds may be appropriated from 30
4608	4608	the pretrial witness protection services fund. 31
4609	4609	3. The department of public safety may authorize funds 32
4610	4610	to be disbursed to law enforcement agencies and prosecuting 33
4611	4611	or circuit attorney's offices for the purchase, rental, or 34
4612	4612	modification of protected housing facilities for the purpose 35
4613	4613	of this section. The law enforcement agency or prosecuting 36
4614	4614	or circuit attorney's office may contract with any 37
4615	4615	department of federal or state government to obtain or to 38
4616	4616	provide the facilities or services to carry out this section. 39
4617	4617	4. The department of public safety may authorize 40
4618	4618	expenditures for law enforcement agencies and prosecuting or 41 SB 143 144
4619	4619	circuit attorney's offices to provide for the health, 42
4620	4620	safety, and welfare of witnesses and victims, and the 43
4621	4621	families of such witnesses and victims, whenever testimony 44
4622	4622	from, or a willingness to testify by, such a witness or 45
4623	4623	victim would place the life of such person, or a member of 46
4624	4624	his or her family or household, in jeopardy. [A law 47
4625	4625	enforcement agency shall submit an application to the 48
4626	4626	department of public safety which shall include, but not 49
4627	4627	necessarily be limited to: 50
4628	4628	(1) Statement of conditions which qualify persons for 51
4629	4629	protection; 52
4630	4630	(2) Precise methods the originating agency will use to 53
4631	4631	provide protection, including relocation of persons and 54
4632	4632	reciprocal agreements with other law enforcement agencies; 55
4633	4633	(3) Statement of the projected costs over a specified 56
4634	4634	period of time; 57
4635	4635	(4) If the requesting agency expects the person to 58
4636	4636	provide evidence in any court of competent jurisdiction: 59
4637	4637	(a) Brief statement of the anticipated evidence; 60
4638	4638	(b) Certification of a reasonable belief in the 61
4639	4639	person's competency to give evidence; 62
4640	4640	(c) Statement of facts supporting the law enforcement 63
4641	4641	agency's belief in the accuracy of the evidence; and 64
4642	4642	(d) Any offer made in exchange for the person agreeing 65
4643	4643	to give evidence.] Law enforcement agencies and prosecuting 66
4644	4644	or circuit attorney's offices seeking reimbursement shall 67
4645	4645	submit an application to be approved by the department of 68
4646	4646	public safety. 69
4647	4647	5. The application and any associated documents 70
4648	4648	submitted in subsection 4 of this section shall be a closed 71
4649	4649	record and not subject to disclosure under the provisions of 72
4650	4650	chapter 610. Any information contained in the application[, 73 SB 143 145
4651	4651	or] and any other documents, which reveals or could reveal 74
4652	4652	the location or address of the individual or individuals who 75
4653	4653	qualify for services under this section shall be 76
4654	4654	confidential and shall not be disclosed by any entity. 77
4655	4655	492.304. 1. In addition to the admissibility of a 1
4656	4656	statement under the provisions of section 492.303, the 2
4657	4657	visual and aural recording of a verbal or nonverbal 3
4658	4658	statement of a child when under the age of [fourteen] 4
4659	4659	eighteen [who is alleged to be a victim of] or a vulnerable 5
4660	4660	person, relating to an offense under the provisions of 6
4661	4661	chapter 565, 566 [or], 568 or 573 if performed by another, 7
4662	4662	is admissible into evidence if: 8
4663	4663	(1) No attorney for either party was present when the 9
4664	4664	statement was made; except that, for any statement taken at 10
4665	4665	a state-funded child assessment center as provided for in 11
4666	4666	subsection 2 of section 210.001, an attorney representing 12
4667	4667	the state of Missouri in a criminal investigation may, as a 13
4668	4668	member of a multidisciplinary investigation team, observe 14
4669	4669	the taking of such statement, but such attorney shall not be 15
4670	4670	present in the room where the interview is being conducted; 16
4671	4671	(2) The recording is both visual and aural and is 17
4672	4672	recorded on film or videotape or by other electronic means; 18
4673	4673	(3) The recording equipment was capable of making an 19
4674	4674	accurate recording, the operator of the equipment was 20
4675	4675	competent, and the recording is accurate and has not been 21
4676	4676	altered; 22
4677	4677	(4) The statement was not made in response to 23
4678	4678	questioning calculated to lead the child or vulnerable 24
4679	4679	person to make a particular statement or to act in a 25
4680	4680	particular way; 26
4681	4681	(5) Every voice on the recording is identified; 27 SB 143 146
4682	4682	(6) The person conducting the interview of the child 28
4683	4683	or vulnerable person in the recording is present at the 29
4684	4684	proceeding and available to testify or be cross-examined by 30
4685	4685	either party; and 31
4686	4686	(7) The defendant or the attorney for the defendant is 32
4687	4687	afforded an opportunity to view the recording before it is 33
4688	4688	offered into evidence. 34
4689	4689	2. If the child or vulnerable person does not testify 35
4690	4690	at the proceeding, the visual and aural recording of a 36
4691	4691	verbal or nonverbal statement of the child or vulnerable 37
4692	4692	person shall not be admissible under this section unless the 38
4693	4693	recording qualifies for admission under section 491.075. 39
4694	4694	3. If the visual and aural recording of a verbal or 40
4695	4695	nonverbal statement of a child or vulnerable person is 41
4696	4696	admissible under this section and the child or vulnerable 42
4697	4697	person testifies at the proceeding, it shall be admissible 43
4698	4698	in addition to the testimony of the child or vulnerable 44
4699	4699	person at the proceeding whether or not it repeats or 45
4700	4700	duplicates the child's or vulnerable person's testimony. 46
4701	4701	4. As used in this section, a nonverbal statement 47
4702	4702	shall be defined as any demonstration of the child or 48
4703	4703	vulnerable person by his or her actions, facial expressions, 49
4704	4704	demonstrations with a doll or other visual aid whether or 50
4705	4705	not this demonstration is accompanied by words. 51
4706	4706	5. For the purposes of this section, "vulnerable 52
4707	4707	person" shall mean a person who, as a result of an 53
4708	4708	inadequately developed or impaired intelligence or a 54
4709	4709	psychiatric disorder that materially affects the ability to 55
4710	4710	function, lacks the mental capacity to consent, or whose 56
4711	4711	developmental level does not exceed that of an ordinary 57
4712	4712	child of seventeen years of age. 58 SB 143 147
4713	4713	509.520. 1. Notwithstanding any provision of law to 1
4714	4714	the contrary, beginning August 28, 2023, pleadings, 2
4715	4715	attachments, exhibits filed with the court in any case, as 3
4716	4716	well as any judgments or orders issued by the court, or 4
4717	4717	other records of the court shall not include the following 5
4718	4718	confidential and personal identifying information: 6
4719	4719	(1) The full Social Security number of any party or 7
4720	4720	any child; 8
4721	4721	(2) The full credit card number, financial institution 9
4722	4722	account number, personal identification number, or password 10
4723	4723	used to secure an account of any party; 11
4724	4724	(3) The full motor vehicle operator license number; 12
4725	4725	(4) [Victim] Information[, including the name, 13
4726	4726	address, and other contact information of the] concerning a 14
4727	4727	victim or witness in a criminal case that is confidential as 15
4728	4728	otherwise provided by statute or as prescribed in the 16
4729	4729	Missouri supreme court rules of criminal procedure or 17
4730	4730	operating rules; 18
4731	4731	(5) [Witness information, including the name, address, 19
4732	4732	and other contact information of the witness ; 20
4733	4733	(6)] Any other full state identification number; 21
4734	4734	[(7)] (6) The name, address, and date of birth of a 22
4735	4735	minor and, if applicable, any next friend; [or 23
4736	4736	(8)] (7) The full date of birth of any party; however, 24
4737	4737	the year of birth shall be made available, except for a 25
4738	4738	minor; or 26
4739	4739	(8) Any other information redacted for good cause by 27
4740	4740	order of the court. 28
4741	4741	2. The information provided under subsection 1 of this 29
4742	4742	section shall be provided in a confidential information 30
4743	4743	filing sheet contemporaneously filed with the court or 31 SB 143 148
4744	4744	entered by the court, which shall not be subject to public 32
4745	4745	inspection or availability. 33
4746	4746	3. Nothing in this section shall preclude an entity 34
4747	4747	including, but not limited to, a financial institution, 35
4748	4748	insurer, insurance support organization, or consumer 36
4749	4749	reporting agency that is otherwise permitted by law to 37
4750	4750	access state court records from using a person's unique 38
4751	4751	identifying information to match such information contained 39
4752	4752	in a court record to validate that person's record. 40
4753	4753	4. The Missouri supreme court shall promulgate rules 41
4754	4754	to administer this section. 42
4755	4755	5. Contemporaneously with the filing of every petition 43
4756	4756	for dissolution of marriage, legal separation, motion for 44
4757	4757	modification, action to establish paternity, and petition or 45
4758	4758	motion for support or custody of a minor child, the filing 46
4759	4759	party shall file a confidential case filing sheet with the 47
4760	4760	court which shall not be subject to public inspection and 48
4761	4761	which provides: 49
4762	4762	(1) The name and address of the current employer and 50
4763	4763	the Social Security number of the petitioner or movant, if a 51
4764	4764	person; 52
4765	4765	(2) If known to the petitioner or movant, the name and 53
4766	4766	address of the current employer and the Social Security 54
4767	4767	number of the respondent; and 55
4768	4768	(3) The names, dates of birth, and Social Security 56
4769	4769	numbers of any children subject to the action. 57
4770	4770	6. Contemporaneously with the filing of every 58
4771	4771	responsive pleading petition for dissolution of marriage, 59
4772	4772	legal separation, motion for modification, action to 60
4773	4773	establish paternity, and petition or motion for support or 61
4774	4774	custody of a minor child, the responding party shall file a 62 SB 143 149
4775	4775	confidential case filing sheet with the court which shall 63
4776	4776	not be subject to public inspection and which provides: 64
4777	4777	(1) The name and address of the current employer and 65
4778	4778	the Social Security number of the responding party, if a 66
4779	4779	person; 67
4780	4780	(2) If known to the responding party, the name and 68
4781	4781	address of the current employer and the Social Security 69
4782	4782	number of the petitioner or movant; and 70
4783	4783	(3) The names, dates of birth, and Social Security 71
4784	4784	numbers of any children subject to the action. 72
4785	4785	7. The full Social Security number of any party or 73
4786	4786	child subject to an order of custody or support shall be 74
4787	4787	retained by the court on the confidential case filing sheet 75
4788	4788	or other confidential record maintained in conjunction with 76
4789	4789	the administration of the case. The full credit card number 77
4790	4790	or other financial account number of any party may be 78
4791	4791	retained by the court on a confidential record if it is 79
4792	4792	necessary to maintain the number in conjunction with the 80
4793	4793	administration of the case. 81
4794	4794	8. Any document described in subsection 1 of this 82
4795	4795	section shall, in lieu of the full number, include only the 83
4796	4796	last four digits of any such number. 84
4797	4797	9. Except as provided in section 452.430, the clerk 85
4798	4798	shall not be required to redact any document described in 86
4799	4799	subsection 1 of this section issued or filed before August 87
4800	4800	28, 2009, prior to releasing the document to the public. 88
4801	4801	10. For good cause shown, the court may release 89
4802	4802	information contained on the confidential case filing sheet; 90
4803	4803	except that, any state agency acting under authority of 91
4804	4804	chapter 454 shall have access to information contained 92
4805	4805	herein without court order in carrying out their official 93
4806	4806	duty. 94 SB 143 150
4807	4807	550.320. 1. As used in this section, the following 1
4808	4808	terms shall mean: 2
4809	4809	(1) "Department", the department of corrections of the 3
4810	4810	state of Missouri; 4
4811	4811	(2) "Jail reimbursement", a daily per diem paid by the 5
4812	4812	state for the reimbursement of time spent in custody. 6
4813	4813	2. Notwithstanding any other provision of law to the 7
4814	4814	contrary, whenever any person is sentenced to a term of 8
4815	4815	imprisonment in a correctional center, the department shall 9
4816	4816	reimburse the county or city not within a county for the 10
4817	4817	days the person spent in custody at a per diem cost, subject 11
4818	4818	to appropriation, but not to exceed thirty-seven dollars and 12
4819	4819	fifty cents per day per offender. The jail reimbursement 13
4820	4820	shall be subject to review and approval of the department. 14
4821	4821	The state shall pay the costs when: 15
4822	4822	(1) A person is sentenced to a term of imprisonment as 16
4823	4823	authorized by chapter 558; 17
4824	4824	(2) A person is sentenced pursuant to section 559.115; 18
4825	4825	(3) A person has his or her probation or parole 19
4826	4826	revoked because the offender has, or allegedly has, violated 20
4827	4827	any condition of the offender's probation or parole, and 21
4828	4828	such probation or parole is a consequence of a violation of 22
4829	4829	the law, or the offender is a fugitive from the state or 23
4830	4830	otherwise held at the request of the department regardless 24
4831	4831	of whether or not a warrant has been issued; or 25
4832	4832	(4) A person has a period of detention imposed 26
4833	4833	pursuant to section 559.026. 27
4834	4834	3. When the final determination of any criminal 28
4835	4835	prosecution shall be such as to render the state liable for 29
4836	4836	costs under existing laws, it shall be the duty of the 30
4837	4837	sheriff to certify to the clerk of the county or the chief 31
4838	4838	executive officer of the city not within a county the total 32 SB 143 151
4839	4839	number of days any offender who was a party in such case 33
4840	4840	remained in the jail. It shall then be the duty of the 34
4841	4841	county clerk or the chief executive officer of the city not 35
4842	4842	within the county to submit the total number of days spent 36
4843	4843	in custody to the department. The county clerk or chief 37
4844	4844	executive officer of the city not within the county may 38
4845	4845	submit claims to the department, no later than two years 39
4846	4846	from the date the claim became eligible for reimbursement. 40
4847	4847	4. The department shall determine if the expenses are 41
4848	4848	eligible pursuant to the provisions of this chapter and 42
4849	4849	remit any payment to the county or city not within a county 43
4850	4850	when the expenses are determined to be eligible. The 44
4851	4851	department shall establish, by rule, the process for 45
4852	4852	submission of claims. Any rule or portion of a rule, as 46
4853	4853	that term is defined in section 536.010, that is created 47
4854	4854	under the authority delegated in this section shall become 48
4855	4855	effective only if it complies with and is subject to all of 49
4856	4856	the provisions of chapter 536 and, if applicable, section 50
4857	4857	536.028. This section and chapter 536 are nonseverable and 51
4858	4858	if any of the powers vested with the general assembly 52
4859	4859	pursuant to chapter 536 to review, to delay the effective 53
4860	4860	date, or to disapprove and annul a rule are subsequently 54
4861	4861	held unconstitutional, then the grant of rulemaking 55
4862	4862	authority and any rule proposed or adopted after August 28, 56
4863	4863	2025, shall be invalid and void. 57
4864	4864	556.061. In this code, unless the context requires a 1
4865	4865	different definition, the following terms shall mean: 2
4866	4866	(1) "Access", to instruct, communicate with, store 3
4867	4867	data in, retrieve or extract data from, or otherwise make 4
4868	4868	any use of any resources of, a computer, computer system, or 5
4869	4869	computer network; 6
4870	4870	(2) "Affirmative defense": 7 SB 143 152
4871	4871	(a) The defense referred to is not submitted to the 8
4872	4872	trier of fact unless supported by evidence; and 9
4873	4873	(b) If the defense is submitted to the trier of fact 10
4874	4874	the defendant has the burden of persuasion that the defense 11
4875	4875	is more probably true than not; 12
4876	4876	(3) "Burden of injecting the issue": 13
4877	4877	(a) The issue referred to is not submitted to the 14
4878	4878	trier of fact unless supported by evidence; and 15
4879	4879	(b) If the issue is submitted to the trier of fact any 16
4880	4880	reasonable doubt on the issue requires a finding for the 17
4881	4881	defendant on that issue; 18
4882	4882	(4) "Commercial film and photographic print 19
4883	4883	processor", any person who develops exposed photographic 20
4884	4884	film into negatives, slides or prints, or who makes prints 21
4885	4885	from negatives or slides, for compensation. The term 22
4886	4886	commercial film and photographic print processor shall 23
4887	4887	include all employees of such persons but shall not include 24
4888	4888	a person who develops film or makes prints for a public 25
4889	4889	agency; 26
4890	4890	(5) "Computer", the box that houses the central 27
4891	4891	processing unit (CPU), along with any internal storage 28
4892	4892	devices, such as internal hard drives, and internal 29
4893	4893	communication devices, such as internal modems capable of 30
4894	4894	sending or receiving electronic mail or fax cards, along 31
4895	4895	with any other hardware stored or housed internally. Thus, 32
4896	4896	computer refers to hardware, software and data contained in 33
4897	4897	the main unit. Printers, external modems attached by cable 34
4898	4898	to the main unit, monitors, and other external attachments 35
4899	4899	will be referred to collectively as peripherals and 36
4900	4900	discussed individually when appropriate. When the computer 37
4901	4901	and all peripherals are referred to as a package, the term 38
4902	4902	"computer system" is used. Information refers to all the 39 SB 143 153
4903	4903	information on a computer system including both software 40
4904	4904	applications and data; 41
4905	4905	(6) "Computer equipment", computers, terminals, data 42
4906	4906	storage devices, and all other computer hardware associated 43
4907	4907	with a computer system or network; 44
4908	4908	(7) "Computer hardware", all equipment which can 45
4909	4909	collect, analyze, create, display, convert, store, conceal 46
4910	4910	or transmit electronic, magnetic, optical or similar 47
4911	4911	computer impulses or data. Hardware includes, but is not 48
4912	4912	limited to, any data processing devices, such as central 49
4913	4913	processing units, memory typewriters and self-contained 50
4914	4914	laptop or notebook computers; internal and peripheral 51
4915	4915	storage devices, transistor-like binary devices and other 52
4916	4916	memory storage devices, such as floppy disks, removable 53
4917	4917	disks, compact disks, digital video disks, magnetic tape, 54
4918	4918	hard drive, optical disks and digital memory; local area 55
4919	4919	networks, such as two or more computers connected together 56
4920	4920	to a central computer server via cable or modem; peripheral 57
4921	4921	input or output devices, such as keyboards, printers, 58
4922	4922	scanners, plotters, video display monitors and optical 59
4923	4923	readers; and related communication devices, such as modems, 60
4924	4924	cables and connections, recording equipment, RAM or ROM 61
4925	4925	units, acoustic couplers, automatic dialers, speed dialers, 62
4926	4926	programmable telephone dialing or signaling devices and 63
4927	4927	electronic tone-generating devices; as well as any devices, 64
4928	4928	mechanisms or parts that can be used to restrict access to 65
4929	4929	computer hardware, such as physical keys and locks; 66
4930	4930	(8) "Computer network", two or more interconnected 67
4931	4931	computers or computer systems; 68
4932	4932	(9) "Computer program", a set of instructions, 69
4933	4933	statements, or related data that directs or is intended to 70
4934	4934	direct a computer to perform certain functions; 71 SB 143 154
4935	4935	(10) "Computer software", digital information which 72
4936	4936	can be interpreted by a computer and any of its related 73
4937	4937	components to direct the way they work. Software is stored 74
4938	4938	in electronic, magnetic, optical or other digital form. The 75
4939	4939	term commonly includes programs to run operating systems and 76
4940	4940	applications, such as word processing, graphic, or 77
4941	4941	spreadsheet programs, utilities, compilers, interpreters and 78
4942	4942	communications programs; 79
4943	4943	(11) "Computer-related documentation", written, 80
4944	4944	recorded, printed or electronically stored material which 81
4945	4945	explains or illustrates how to configure or use computer 82
4946	4946	hardware, software or other related items; 83
4947	4947	(12) "Computer system", a set of related, connected or 84
4948	4948	unconnected, computer equipment, data, or software; 85
4949	4949	(13) "Confinement": 86
4950	4950	(a) A person is in confinement when such person is 87
4951	4951	held in a place of confinement pursuant to arrest or order 88
4952	4952	of a court, and remains in confinement until: 89
4953	4953	a. A court orders the person's release; or 90
4954	4954	b. The person is released on bail, bond, or 91
4955	4955	recognizance, personal or otherwise; or 92
4956	4956	c. A public servant having the legal power and duty to 93
4957	4957	confine the person authorizes his release without guard and 94
4958	4958	without condition that he return to confinement; 95
4959	4959	(b) A person is not in confinement if: 96
4960	4960	a. The person is on probation or parole, temporary or 97
4961	4961	otherwise; or 98
4962	4962	b. The person is under sentence to serve a term of 99
4963	4963	confinement which is not continuous, or is serving a 100
4964	4964	sentence under a work-release program, and in either such 101
4965	4965	case is not being held in a place of confinement or is not 102
4966	4966	being held under guard by a person having the legal power 103 SB 143 155
4967	4967	and duty to transport the person to or from a place of 104
4968	4968	confinement; 105
4969	4969	(14) "Consent": consent or lack of consent may be 106
4970	4970	expressed or implied. Assent does not constitute consent if: 107
4971	4971	(a) It is given by a person who lacks the mental 108
4972	4972	capacity to authorize the conduct charged to constitute the 109
4973	4973	offense and such mental incapacity is manifest or known to 110
4974	4974	the actor; or 111
4975	4975	(b) It is given by a person who by reason of youth, 112
4976	4976	mental disease or defect, intoxication, a drug-induced 113
4977	4977	state, or any other reason is manifestly unable or known by 114
4978	4978	the actor to be unable to make a reasonable judgment as to 115
4979	4979	the nature or harmfulness of the conduct charged to 116
4980	4980	constitute the offense; or 117
4981	4981	(c) It is induced by force, duress or deception; 118
4982	4982	(15) "Controlled substance", a drug, substance, or 119
4983	4983	immediate precursor in schedules I through V as defined in 120
4984	4984	chapter 195; 121
4985	4985	(16) "Criminal negligence", failure to be aware of a 122
4986	4986	substantial and unjustifiable risk that circumstances exist 123
4987	4987	or a result will follow, and such failure constitutes a 124
4988	4988	gross deviation from the standard of care which a reasonable 125
4989	4989	person would exercise in the situation; 126
4990	4990	(17) "Custody", a person is in custody when he or she 127
4991	4991	has been arrested but has not been delivered to a place of 128
4992	4992	confinement; 129
4993	4993	(18) "Damage", when used in relation to a computer 130
4994	4994	system or network, means any alteration, deletion, or 131
4995	4995	destruction of any part of the computer system or network; 132
4996	4996	(19) "Dangerous felony", the felonies of arson in the 133
4997	4997	first degree, assault in the first degree, attempted rape in 134
4998	4998	the first degree if physical injury results, attempted 135 SB 143 156
4999	4999	forcible rape if physical injury results, attempted sodomy 136
5000	5000	in the first degree if physical injury results, attempted 137
5001	5001	forcible sodomy if physical injury results, rape in the 138
5002	5002	first degree, forcible rape, sodomy in the first degree, 139
5003	5003	forcible sodomy, assault in the second degree if the victim 140
5004	5004	of such assault is a special victim as defined in 141
5005	5005	subdivision (14) of section 565.002, kidnapping in the first 142
5006	5006	degree, kidnapping, murder in the second degree, assault of 143
5007	5007	a law enforcement officer in the first degree, domestic 144
5008	5008	assault in the first degree, elder abuse in the first 145
5009	5009	degree, robbery in the first degree, armed criminal action, 146
5010	5010	conspiracy to commit an offense when the offense is a 147
5011	5011	dangerous felony, vehicle hijacking when punished as a class 148
5012	5012	A felony, statutory rape in the first degree when the victim 149
5013	5013	is a child less than twelve years of age at the time of the 150
5014	5014	commission of the act giving rise to the offense, statutory 151
5015	5015	sodomy in the first degree when the victim is a child less 152
5016	5016	than twelve years of age at the time of the commission of 153
5017	5017	the act giving rise to the offense, child molestation in the 154
5018	5018	first or second degree, abuse of a child if the child dies 155
5019	5019	as a result of injuries sustained from conduct chargeable 156
5020	5020	under section 568.060, child kidnapping, parental kidnapping 157
5021	5021	committed by detaining or concealing the whereabouts of the 158
5022	5022	child for not less than one hundred twenty days under 159
5023	5023	section 565.153, endangering the welfare of a child in the 160
5024	5024	first degree, and an "intoxication-related traffic offense" 161
5025	5025	or "intoxication-related boating offense" if the person is 162
5026	5026	found to be a "habitual offender" or "habitual boating 163
5027	5027	offender" as such terms are defined in section 577.001; 164
5028	5028	(20) "Dangerous instrument", any instrument, article 165
5029	5029	or substance, which, under the circumstances in which it is 166 SB 143 157
5030	5030	used, is readily capable of causing death or other serious 167
5031	5031	physical injury; 168
5032	5032	(21) "Data", a representation of information, facts, 169
5033	5033	knowledge, concepts, or instructions prepared in a 170
5034	5034	formalized or other manner and intended for use in a 171
5035	5035	computer or computer network. Data may be in any form 172
5036	5036	including, but not limited to, printouts, microfiche, 173
5037	5037	magnetic storage media, punched cards and as may be stored 174
5038	5038	in the memory of a computer; 175
5039	5039	(22) "Deadly weapon", any firearm, loaded or unloaded, 176
5040	5040	or any weapon from which a shot, readily capable of 177
5041	5041	producing death or serious physical injury, may be 178
5042	5042	discharged, or a switchblade knife, dagger, billy club, 179
5043	5043	blackjack or metal knuckles; 180
5044	5044	(23) "Digital camera", a camera that records images in 181
5045	5045	a format which enables the images to be downloaded into a 182
5046	5046	computer; 183
5047	5047	(24) "Disability", a mental, physical, or 184
5048	5048	developmental impairment that substantially limits one or 185
5049	5049	more major life activities or the ability to provide 186
5050	5050	adequately for one's care or protection, whether the 187
5051	5051	impairment is congenital or acquired by accident, injury or 188
5052	5052	disease, where such impairment is verified by medical 189
5053	5053	findings; 190
5054	5054	(25) "Elderly person", a person sixty years of age or 191
5055	5055	older; 192
5056	5056	(26) "Felony", an offense so designated or an offense 193
5057	5057	for which persons found guilty thereof may be sentenced to 194
5058	5058	death or imprisonment for a term of more than one year; 195
5059	5059	(27) "Forcible compulsion" either: 196
5060	5060	(a) Physical force that overcomes reasonable 197
5061	5061	resistance; or 198 SB 143 158
5062	5062	(b) A threat, express or implied, that places a person 199
5063	5063	in reasonable fear of death, serious physical injury or 200
5064	5064	kidnapping of such person or another person; 201
5065	5065	(28) "Incapacitated", a temporary or permanent 202
5066	5066	physical or mental condition in which a person is 203
5067	5067	unconscious, unable to appraise the nature of his or her 204
5068	5068	conduct, or unable to communicate unwillingness to an act; 205
5069	5069	(29) "Infraction", a violation defined by this code or 206
5070	5070	by any other statute of this state if it is so designated or 207
5071	5071	if no sentence other than a fine, or fine and forfeiture or 208
5072	5072	other civil penalty, is authorized upon conviction; 209
5073	5073	(30) "Inhabitable structure", a vehicle, vessel or 210
5074	5074	structure: 211
5075	5075	(a) Where any person lives or carries on business or 212
5076	5076	other calling; or 213
5077	5077	(b) Where people assemble for purposes of business, 214
5078	5078	government, education, religion, entertainment, or public 215
5079	5079	transportation; or 216
5080	5080	(c) Which is used for overnight accommodation of 217
5081	5081	persons. 218
5082	5082	Any such vehicle, vessel, or structure is inhabitable 219
5083	5083	regardless of whether a person is actually present. If a 220
5084	5084	building or structure is divided into separately occupied 221
5085	5085	units, any unit not occupied by the actor is an inhabitable 222
5086	5086	structure of another; 223
5087	5087	(31) "Knowingly", when used with respect to: 224
5088	5088	(a) Conduct or attendant circumstances, means a person 225
5089	5089	is aware of the nature of his or her conduct or that those 226
5090	5090	circumstances exist; or 227 SB 143 159
5091	5091	(b) A result of conduct, means a person is aware that 228
5092	5092	his or her conduct is practically certain to cause that 229
5093	5093	result; 230
5094	5094	(32) "Law enforcement officer", any public servant 231
5095	5095	having both the power and duty to make arrests for 232
5096	5096	violations of the laws of this state, and federal law 233
5097	5097	enforcement officers authorized to carry firearms and to 234
5098	5098	make arrests for violations of the laws of the United States; 235
5099	5099	(33) "Misdemeanor", an offense so designated or an 236
5100	5100	offense for which persons found guilty thereof may be 237
5101	5101	sentenced to imprisonment for a term of which the maximum is 238
5102	5102	one year or less; 239
5103	5103	(34) "Of another", property that any entity, including 240
5104	5104	but not limited to any natural person, corporation, limited 241
5105	5105	liability company, partnership, association, governmental 242
5106	5106	subdivision or instrumentality, other than the actor, has a 243
5107	5107	possessory or proprietary interest therein, except that 244
5108	5108	property shall not be deemed property of another who has 245
5109	5109	only a security interest therein, even if legal title is in 246
5110	5110	the creditor pursuant to a conditional sales contract or 247
5111	5111	other security arrangement; 248
5112	5112	(35) "Offense", any felony or misdemeanor; 249
5113	5113	(36) "Physical injury", slight impairment of any 250
5114	5114	function of the body or temporary loss of use of any part of 251
5115	5115	the body; 252
5116	5116	(37) "Place of confinement", any building or facility 253
5117	5117	and the grounds thereof wherein a court is legally 254
5118	5118	authorized to order that a person charged with or convicted 255
5119	5119	of a crime be held; 256
5120	5120	(38) "Possess" or "possessed", having actual or 257
5121	5121	constructive possession of an object with knowledge of its 258
5122	5122	presence. A person has actual possession if such person has 259 SB 143 160
5123	5123	the object on his or her person or within easy reach and 260
5124	5124	convenient control. A person has constructive possession if 261
5125	5125	such person has the power and the intention at a given time 262
5126	5126	to exercise dominion or control over the object either 263
5127	5127	directly or through another person or persons. Possession 264
5128	5128	may also be sole or joint. If one person alone has 265
5129	5129	possession of an object, possession is sole. If two or more 266
5130	5130	persons share possession of an object, possession is joint; 267
5131	5131	(39) "Property", anything of value, whether real or 268
5132	5132	personal, tangible or intangible, in possession or in action; 269
5133	5133	(40) "Public servant", any person employed in any way 270
5134	5134	by a government of this state who is compensated by the 271
5135	5135	government by reason of such person's employment, any person 272
5136	5136	appointed to a position with any government of this state, 273
5137	5137	or any person elected to a position with any government of 274
5138	5138	this state. It includes, but is not limited to, 275
5139	5139	legislators, jurors, members of the judiciary and law 276
5140	5140	enforcement officers. It does not include witnesses; 277
5141	5141	(41) "Purposely", when used with respect to a person's 278
5142	5142	conduct or to a result thereof, means when it is his or her 279
5143	5143	conscious object to engage in that conduct or to cause that 280
5144	5144	result; 281
5145	5145	(42) "Recklessly", consciously disregarding a 282
5146	5146	substantial and unjustifiable risk that circumstances exist 283
5147	5147	or that a result will follow, and such disregard constitutes 284
5148	5148	a gross deviation from the standard of care which a 285
5149	5149	reasonable person would exercise in the situation; 286
5150	5150	(43) "Serious emotional injury", an injury that 287
5151	5151	creates a substantial risk of temporary or permanent medical 288
5152	5152	or psychological damage, manifested by impairment of a 289
5153	5153	behavioral, cognitive or physical condition. Serious 290
5154	5154	emotional injury shall be established by testimony of 291 SB 143 161
5155	5155	qualified experts upon the reasonable expectation of 292
5156	5156	probable harm to a reasonable degree of medical or 293
5157	5157	psychological certainty; 294
5158	5158	(44) "Serious physical injury", physical injury that 295
5159	5159	creates a substantial risk of death or that causes serious 296
5160	5160	disfigurement or protracted loss or impairment of the 297
5161	5161	function of any part of the body; 298
5162	5162	(45) "Services", when used in relation to a computer 299
5163	5163	system or network, means use of a computer, computer system, 300
5164	5164	or computer network and includes, but is not limited to, 301
5165	5165	computer time, data processing, and storage or retrieval 302
5166	5166	functions; 303
5167	5167	(46) "Sexual orientation", male or female 304
5168	5168	heterosexuality, homosexuality or bisexuality by 305
5169	5169	inclination, practice, identity or expression, or having a 306
5170	5170	self-image or identity not traditionally associated with 307
5171	5171	one's gender; 308
5172	5172	(47) "Vehicle", a self-propelled mechanical device 309
5173	5173	designed to carry a person or persons, excluding vessels or 310
5174	5174	aircraft; 311
5175	5175	(48) "Vessel", any boat or craft propelled by a motor 312
5176	5176	or by machinery, whether or not such motor or machinery is a 313
5177	5177	principal source of propulsion used or capable of being used 314
5178	5178	as a means of transportation on water, or any boat or craft 315
5179	5179	more than twelve feet in length which is powered by sail 316
5180	5180	alone or by a combination of sail and machinery, and used or 317
5181	5181	capable of being used as a means of transportation on water, 318
5182	5182	but not any boat or craft having, as the only means of 319
5183	5183	propulsion, a paddle or oars; 320
5184	5184	(49) "Voluntary act": 321
5185	5185	(a) A bodily movement performed while conscious as a 322
5186	5186	result of effort or determination. Possession is a 323 SB 143 162
5187	5187	voluntary act if the possessor knowingly procures or 324
5188	5188	receives the thing possessed, or having acquired control of 325
5189	5189	it was aware of his or her control for a sufficient time to 326
5190	5190	have enabled him or her to dispose of it or terminate his or 327
5191	5191	her control; or 328
5192	5192	(b) An omission to perform an act of which the actor 329
5193	5193	is physically capable. A person is not guilty of an offense 330
5194	5194	based solely upon an omission to perform an act unless the 331
5195	5195	law defining the offense expressly so provides, or a duty to 332
5196	5196	perform the omitted act is otherwise imposed by law; 333
5197	5197	(50) "Vulnerable person", any person in the custody, 334
5198	5198	care, or control of the department of mental health who is 335
5199	5199	receiving services from an operated, funded, licensed, or 336
5200	5200	certified program. 337
5201	5201	557.520. 1. For purposes of this section, the 1
5202	5202	following terms shall mean: 2
5203	5203	(1) "Failed start", any attempt to start the vehicle 3
5204	5204	with a breath alcohol concentration exceeding twenty-five 4
5205	5205	thousandths of one percent by weight of alcohol in such 5
5206	5206	person's breath, unless a subsequent retest performed within 6
5207	5207	ten minutes registers a breath alcohol concentration not 7
5208	5208	exceeding twenty-five thousandths of one percent by weight 8
5209	5209	of alcohol in such person's breath; 9
5210	5210	(2) "Running retest", failure to take a breath test 10
5211	5211	performed by the driver upon a certified ignition interlock 11
5212	5212	device at random intervals after the initial engine startup 12
5213	5213	breath test and while the vehicle's motor is running or 13
5214	5214	failure to take a breath retest with a breath alcohol 14
5215	5215	concentration not exceeding twenty-five thousandths of one 15
5216	5216	percent by weight of alcohol in such person's breath; 16
5217	5217	(3) "Vehicle", any mechanical device on wheels, 17
5218	5218	designed primarily for use, or used, on highways. 18 SB 143 163
5219	5219	2. In any criminal case involving an intoxicated- 19
5220	5220	related traffic offense, the defendant may request to divert 20
5221	5221	the criminal case to a driving while intoxicated (DWI) 21
5222	5222	diversion program described in this section by submitting a 22
5223	5223	request to the prosecuting or circuit attorney and sending a 23
5224	5224	copy of such request to the department of revenue within 24
5225	5225	fifteen days of his or her arrest. The prosecuting or 25
5226	5226	circuit attorney may divert the criminal case to this DWI 26
5227	5227	diversion program by filing a motion with the court to stay 27
5228	5228	the criminal proceeding, if the defendant meets the 28
5229	5229	following criteria for eligibility into the DWI diversion 29
5230	5230	program: 30
5231	5231	(1) The defendant has not previously pled guilty to or 31
5232	5232	been convicted of an intoxicated-related traffic offense in 32
5233	5233	violation of sections 577.010, 577.012, 577.013, 577.014, 33
5234	5234	577.015, or 577.016; 34
5235	5235	(2) The defendant is not currently enrolled in, and 35
5236	5236	has not in the previous five years completed, a diversion 36
5237	5237	program pursuant to this section; 37
5238	5238	(3) The defendant does not hold a commercial driver's 38
5239	5239	license; 39
5240	5240	(4) The offense did not occur while operating a 40
5241	5241	commercial vehicle; 41
5242	5242	(5) The offense did not result in the injury or death 42
5243	5243	of another person; and 43
5244	5244	(6) The defendant did not refuse to submit to any test 44
5245	5245	allowed pursuant to section 577.020. 45
5246	5246	3. Upon a motion filed by the prosecuting or circuit 46
5247	5247	attorney, the court may continue a diverted case involving 47
5248	5248	an intoxicated-related traffic offense if the prosecuting or 48
5249	5249	circuit attorney deems appropriate based on the specific 49
5250	5250	situation of the defendant. The case shall be diverted for 50 SB 143 164
5251	5251	a period not to exceed twenty-four months and order the 51
5252	5252	defendant to comply with terms, conditions, or requirements. 52
5253	5253	4. The DWI diversion plan shall be for a specified 53
5254	5254	period and be in writing. The prosecuting or circuit 54
5255	5255	attorney has the sole authority to develop diversionary 55
5256	5256	program requirements, but may require installation of an 56
5257	5257	ignition interlock device for a period of not less than one 57
5258	5258	year, require the defendant to participate in a victim 58
5259	5259	impact panel sponsored by a nonprofit organization, and 59
5260	5260	require other terms deemed necessary by the court. 60
5261	5261	5. If the court continues the criminal case to divert 61
5262	5262	the defendant to this DWI diversion program, a copy of such 62
5263	5263	order shall be sent to the department of revenue and, upon 63
5264	5264	receipt, the department shall continue any proceeding to 64
5265	5265	suspend or revoke a license pursuant to chapter 302 for a 65
5266	5266	period not to exceed twenty-four months. After the 66
5267	5267	defendant successfully completes the requirements of the DWI 67
5268	5268	diversion program, the department shall dismiss any 68
5269	5269	proceeding against the defendant. 69
5270	5270	6. The court shall notify the defendant that he or she 70
5271	5271	is required to install a functioning, certified ignition 71
5272	5272	interlock device on any vehicle that the person operates and 72
5273	5273	the person is prohibited from operating a motor vehicle 73
5274	5274	unless that vehicle is equipped with a functioning, 74
5275	5275	certified ignition interlock device pursuant to this 75
5276	5276	section. These requirements shall be in addition to any 76
5277	5277	other provisions of this chapter or chapter 302 requiring 77
5278	5278	installation and maintenance of an ignition interlock 78
5279	5279	device. Any person required to use an ignition interlock 79
5280	5280	device shall comply with such requirement subject to the 80
5281	5281	penalties provided by section 577.599. 81 SB 143 165
5282	5282	7. The department of revenue shall inform the 82
5283	5283	defendant of the requirements of this section, including the 83
5284	5284	term for which the person is required to have a certified 84
5285	5285	ignition interlock device installed and shall notify the 85
5286	5286	person that installation of a functioning, certified 86
5287	5287	ignition interlock device on a vehicle does not allow the 87
5288	5288	person to drive without a valid driver's license. The 88
5289	5289	department shall record the mandatory use of the device for 89
5290	5290	the term required and the time when the device is required 90
5291	5291	to be installed pursuant to the court order. A person who 91
5292	5292	is notified by the department shall do all of the following: 92
5293	5293	(1) Arrange for each vehicle operated by the person to 93
5294	5294	be equipped with a functioning, certified ignition interlock 94
5295	5295	device by a certified ignition interlock device provider as 95
5296	5296	determined by the department of transportation; and 96
5297	5297	(2) Arrange for each vehicle with a functioning, 97
5298	5298	certified ignition interlock device to be serviced by the 98
5299	5299	installer at least once every thirty days for the installer 99
5300	5300	to recalibrate and monitor the operation of the device. 100
5301	5301	8. The certified ignition interlock device provider 101
5302	5302	shall notify the department: 102
5303	5303	(1) If the device is removed or indicates that the 103
5304	5304	person has attempted to remove, bypass by a running retest, 104
5305	5305	or tamper with the device; 105
5306	5306	(2) If the person fails three or more times to comply 106
5307	5307	with any requirement for the maintenance or calibration of 107
5308	5308	the ignition interlock device; or 108
5309	5309	(3) If the device registers a failed start. 109
5310	5310	If a person has any failed start that occurs within the last 110
5311	5311	ninety days of the required period of installation of the 111 SB 143 166
5312	5312	ignition interlock device, the term may be extended for a 112
5313	5313	period of up to ninety days. 113
5314	5314	9. After the completion of the DWI diversion program 114
5315	5315	and if the defendant has complied with all the imposed terms 115
5316	5316	and conditions, the court shall dismiss the criminal case 116
5317	5317	against the defendant, record the dismissal, and transmit 117
5318	5318	the record to the central repository upon dismissal. Any 118
5319	5319	court automation system, including any pilot project, that 119
5320	5320	provides public access to electronic record on the internet 120
5321	5321	shall redact any personal identifying information of the 121
5322	5322	defendant, including name, address, and year of birth. Such 122
5323	5323	information shall be provided in a confidential filing sheet 123
5324	5324	contemporaneously filed with the court or entered by the 124
5325	5325	court, which shall not be subject to public inspection or 125
5326	5326	availability. 126
5327	5327	10. In the event of non-compliance by the defendant 127
5328	5328	with the terms and conditions of the DWI diversion program, 128
5329	5329	the prosecuting or circuit attorney may file a motion to 129
5330	5330	terminate the defendant from the diversion program and may 130
5331	5331	recommend the prosecution of the underlying case. Upon the 131
5332	5332	filing of such motion, after notice to the defendant, the 132
5333	5333	court shall hold a hearing to determine by preponderance of 133
5334	5334	the evidence whether the defendant has failed to comply with 134
5335	5335	the terms and conditions of the diversion program. If the 135
5336	5336	court finds that the defendant has not complied with the 136
5337	5337	terms and conditions of the diversion program, the court may 137
5338	5338	end the diversion program and set the case on the next 138
5339	5339	available criminal docket. 139
5340	5340	11. Any defendant who is found guilty of any 140
5341	5341	intoxicated-related traffic offense and who has previously 141
5342	5342	utilized the DWI diversion program pursuant to this section 142
5343	5343	shall be considered a prior offender as defined in section 143 SB 143 167
5344	5344	577.001, provided that the prior offense occurred within 144
5345	5345	five years of the intoxicated-related offense for which the 145
5346	5346	person is charged, as provided in subsection 20 of section 146
5347	5347	577.001. 147
5348	5348	12. For the limited purpose of determining whether a 148
5349	5349	defendant is a chronic, habitual, persistent, or prior 149
5350	5350	offender under section 577.001, a criminal case diverted to 150
5351	5351	a DWI diversion program and successfully completed by a 151
5352	5352	defendant shall be counted as one intoxication-related 152
5353	5353	traffic offense. 153
5354	5354	13. A certified ignition interlock device provider 154
5355	5355	shall adopt a discounted fee schedule that provides for the 155
5356	5356	payment of the costs of the certified ignition interlock 156
5357	5357	device by offenders with an income at or below one hundred 157
5358	5358	and fifty percent of the federal poverty level. A person 158
5359	5359	with an income at or below one hundred and fifty percent of 159
5360	5360	the federal poverty level who provides income verification 160
5361	5361	shall be responsible for ten percent of the cost of the 161
5362	5362	ignition interlock device and any additional costs accrued 162
5363	5363	by the person for noncompliance with program requirements 163
5364	5364	are not subject to discounted rates and are the sole 164
5365	5365	responsibility of the person. The certified ignition 165
5366	5366	interlock provider shall verify the offender's income to 166
5367	5367	determine the cost of the ignition interlock device by 167
5368	5368	verifying from the offender the previous year's federal 168
5369	5369	income tax return, the previous three months of weekly or 169
5370	5370	monthly income statements, or a court order declaring the 170
5371	5371	person with an income at or below one hundred and fifty 171
5372	5372	percent of the federal poverty level. 172
5373	5373	14. Nothing in this section shall prohibit a 173
5374	5374	prosecuting or circuit attorney from diverting a criminal 174 SB 143 168
5375	5375	case pursuant to section 557.014 in any criminal case 175
5376	5376	involving an intoxicated-related traffic offense. 176
5377	5377	558.041. 1. Any offender committed to the department 1
5378	5378	of corrections, except those persons committed pursuant to 2
5379	5379	subsection 7 of section 558.016, or subsection 3 of section 3
5380	5380	566.125, [may] or any offender convicted of a dangerous 4
5381	5381	felony as defined in section 556.061, shall receive 5
5382	5382	additional credit in terms of days spent in confinement upon 6
5383	5383	[recommendation for such credit by the offender's 7
5384	5384	institutional superintendent] calculation of such credit 8
5385	5385	when the offender meets the requirements for such credit as 9
5386	5386	provided in subsections 3 and 4 of this section. Good time 10
5387	5387	credit may be rescinded by the director or his or her 11
5388	5388	designee pursuant to the divisional policy issued pursuant 12
5389	5389	to subsection 3 of this section. 13
5390	5390	2. Any credit extended to an offender shall only apply 14
5391	5391	to the sentence which the offender is currently serving. 15
5392	5392	3. (1) The director of the department of corrections 16
5393	5393	shall issue a policy for awarding credit. 17
5394	5394	(2) The policy [may] shall reward an [inmate] offender 18
5395	5395	who has served his or her sentence in an orderly and 19
5396	5396	peaceable manner and has taken advantage of the 20
5397	5397	rehabilitation programs available to him or her. 21
5398	5398	(3) Any major conduct violation of institutional rules 22
5399	5399	[or], violation of the laws of this state [may], parole 23
5400	5400	revocation, or the accumulation of minor conduct violations 24
5401	5401	exceeding six within a calendar year shall result in the 25
5402	5402	loss of all [or a portion of any] prior credit earned by the 26
5403	5403	[inmate] offender pursuant to this section. 27
5404	5404	[4. The department shall cause the policy to be 28
5405	5405	published in the code of state regulations. 29 SB 143 169
5406	5406	5. No rule or portion of a rule promulgated under the 30
5407	5407	authority of this chapter shall become effective unless it 31
5408	5408	has been promulgated pursuant to the provisions of section 32
5409	5409	536.024.] 33
5410	5410	(4) The policy shall specify the programs or 34
5411	5411	activities for which credit shall be earned under this 35
5412	5412	section; the criteria for determining productive 36
5413	5413	participation in, or completion of, the programs or 37
5414	5414	activities; and the criteria for awarding credit. 38
5415	5415	(5) The department shall award credit between five and 39
5416	5416	three hundred sixty days, as determined by the department 40
5417	5417	based on the length of the program, to any qualifying 41
5418	5418	offender who successfully: 42
5419	5419	(a) Receives a high school diploma or equivalent, 43
5420	5420	college diploma, or a vocational training certificate as 44
5421	5421	provided under the department's policy; 45
5422	5422	(b) Completes an alcohol or drug abuse treatment 46
5423	5423	program as provided under the department's policy, except 47
5424	5424	that alcohol and drug abuse treatment programs ordered by 48
5425	5425	the court or parole board shall not qualify; 49
5426	5426	(c) Completes one thousand hours of restorative 50
5427	5427	justice; or 51
5428	5428	(d) Completes other programs as provided under the 52
5429	5429	department's policy. 53
5430	5430	(6) An offender may earn a maximum of ninety days of 54
5431	5431	credit in any twelve-month period. 55
5432	5432	(7) Offenders sentenced under subsection 2 of section 56
5433	5433	558.019 shall be eligible for good time credit. Any good 57
5434	5434	time credit earned shall be subtracted from the offender's 58
5435	5435	entire sentence of imprisonment. 59
5436	5436	(8) Nothing in this section shall be construed to 60
5437	5437	require that the offender be released as a result of good 61 SB 143 170
5438	5438	time credit. The parole board in its discretion shall 62
5439	5439	determine the date of release. 63
5440	5440	4. Eligible offenders may petition the department to 64
5441	5441	receive credit for programs or activities completed prior to 65
5442	5442	August 28, 2025, as specified below: 66
5443	5443	(1) Eligible offenders can submit a petition from 67
5444	5444	January 1, 2026, to December 31, 2026; and 68
5445	5445	(2) Offenders shall have completed the qualifying 69
5446	5446	program or activity between January 1, 2010, and August 28, 70
5447	5447	2025. 71
5448	5448	5. No offender committed to the department who is 72
5449	5449	sentenced to death or sentenced to life without probation or 73
5450	5450	parole shall be eligible for good time credit under this 74
5451	5451	section. 75
5452	5452	559.125. 1. The clerk of the court shall keep in a 1
5453	5453	permanent file all applications for probation or parole by 2
5454	5454	the court, and shall keep in such manner as may be 3
5455	5455	prescribed by the court complete and full records of all 4
5456	5456	presentence investigations requested, probations or paroles 5
5457	5457	granted, revoked or terminated and all discharges from 6
5458	5458	probations or paroles. All court orders relating to any 7
5459	5459	presentence investigation requested and probation or parole 8
5460	5460	granted under the provisions of this chapter and sections 9
5461	5461	558.011 and 558.026 shall be kept in a like manner, and, if 10
5462	5462	the defendant subject to any such order is subject to an 11
5463	5463	investigation or is under the supervision of the division of 12
5464	5464	probation and parole, a copy of the order shall be sent to 13
5465	5465	the division of probation and parole. In any county where a 14
5466	5466	parole board ceases to exist, the clerk of the court shall 15
5467	5467	preserve the records of that parole board. 16
5468	5468	2. [Information and data obtained by a probation or 17
5469	5469	parole officer shall be privileged information and shall not 18 SB 143 171
5470	5470	be receivable in any court] Except in criminal proceedings, 19
5471	5471	information and data obtained by a probation or parole 20
5472	5472	officer is privileged information not receivable in any 21
5473	5473	court unless for lawful criminal matters. Such information 22
5474	5474	shall not be disclosed directly or indirectly to anyone 23
5475	5475	other than the members of a parole board and the judge 24
5476	5476	entitled to receive reports, except the court, the division 25
5477	5477	of probation and parole, or the parole board may in its 26
5478	5478	discretion permit the inspection of the report, or parts of 27
5479	5479	such report, by the defendant, or offender or his or her 28
5480	5480	attorney, or other person having a proper interest therein. 29
5481	5481	3. The provisions of subsection 2 of this section 30
5482	5482	notwithstanding, the presentence investigation report shall 31
5483	5483	be made available to the state and all information and data 32
5484	5484	obtained in connection with preparation of the presentence 33
5485	5485	investigation report may be made available to the state at 34
5486	5486	the discretion of the court upon a showing that the receipt 35
5487	5487	of the information and data is in the best interest of the 36
5488	5488	state. 37
5489	5489	565.240. 1. A person commits the offense of unlawful 1
5490	5490	posting of certain information over the internet if: 2
5491	5491	(1) He or she knowingly posts the name, home address, 3
5492	5492	Social Security number, telephone number, or any other 4
5493	5493	personally identifiable information of any person on the 5
5494	5494	internet intending to cause great bodily harm or death, or 6
5495	5495	threatening to cause great bodily harm or death to such 7
5496	5496	person; or 8
5497	5497	(2) He or she knowingly posts the Social Security 9
5498	5498	number of any person on the internet intending to intimidate 10
5499	5499	or harass such person or obtain financial gain from such 11
5500	5500	person. 12 SB 143 172
5501	5501	2. The offense of unlawful posting of certain 13
5502	5502	information over the internet under subdivision (1) of 14
5503	5503	subsection 1 of this section is a class [C misdemeanor] E 15
5504	5504	felony, unless the person knowingly posts on the internet 16
5505	5505	the name, home address, Social Security number, telephone 17
5506	5506	number, or any other personally identifiable information of 18
5507	5507	any law enforcement officer, corrections officer, parole 19
5508	5508	officer, judge, commissioner, or prosecuting attorney, or of 20
5509	5509	any immediate family member of such law enforcement officer, 21
5510	5510	corrections officer, parole officer, judge, commissioner, or 22
5511	5511	prosecuting attorney, intending to cause great bodily harm 23
5512	5512	or death, or threatening to cause great bodily harm or 24
5513	5513	death, in which case it is a class [E] D felony, and if such 25
5514	5514	intention or threat results in bodily harm or death to such 26
5515	5515	person or immediate family member, the offense of unlawful 27
5516	5516	posting of certain information over the internet is a class 28
5517	5517	[D] C felony. 29
5518	5518	3. The offense of unlawful posting of certain 30
5519	5519	information over the internet under subdivision (2) of 31
5520	5520	subsection 1 of this section is a class E felony. 32
5521	5521	566.151. 1. A person twenty-one years of age or older 1
5522	5522	commits the offense of enticement of a child if he or she 2
5523	5523	persuades, solicits, coaxes, entices, or lures whether by 3
5524	5524	words, actions or through communication via the internet or 4
5525	5525	any electronic communication, any person who is less than 5
5526	5526	[fifteen] seventeen years of age for the purpose of engaging 6
5527	5527	in sexual conduct. 7
5528	5528	2. It is not a defense to a prosecution for a 8
5529	5529	violation of this section that the other person was a peace 9
5530	5530	officer masquerading as a minor. 10
5531	5531	3. Enticement of a child or an attempt to commit 11
5532	5532	enticement of a child is a felony for which the authorized 12 SB 143 173
5533	5533	term of imprisonment shall be not less than five years and 13
5534	5534	not more than thirty years. No person convicted under this 14
5535	5535	section shall be eligible for parole, probation, conditional 15
5536	5536	release, or suspended imposition or execution of sentence 16
5537	5537	for a period of five calendar years. 17
5538	5538	567.030. 1. A person commits the offense of 1
5539	5539	patronizing prostitution if he or she: 2
5540	5540	(1) Pursuant to a prior understanding, gives something 3
5541	5541	of value to another person as compensation for having 4
5542	5542	engaged in sexual conduct with any person; or 5
5543	5543	(2) Gives or agrees to give something of value to 6
5544	5544	another person with the understanding that such person or 7
5545	5545	another person will engage in sexual conduct with any 8
5546	5546	person; or 9
5547	5547	(3) Solicits or requests another person to engage in 10
5548	5548	sexual conduct with any person in return for something of 11
5549	5549	value. 12
5550	5550	2. It shall not be a defense that the person believed 13
5551	5551	that the individual he or she patronized for prostitution 14
5552	5552	was eighteen years of age or older. 15
5553	5553	3. The offense of patronizing prostitution is a class 16
5554	5554	B misdemeanor, unless the individual who the person 17
5555	5555	patronizes is less than eighteen years of age but older than 18
5556	5556	[fourteen] fifteen years of age, in which case patronizing 19
5557	5557	prostitution is a class E felony. 20
5558	5558	4. The offense of patronizing prostitution is a class 21
5559	5559	[D] B felony if the individual who the person patronizes is 22
5560	5560	[fourteen] fifteen years of age or younger. Nothing in this 23
5561	5561	section shall preclude the prosecution of an individual for 24
5562	5562	the offenses of: 25
5563	5563	(1) Statutory rape in the first degree pursuant to 26
5564	5564	section 566.032; 27 SB 143 174
5565	5565	(2) Statutory rape in the second degree pursuant to 28
5566	5566	section 566.034; 29
5567	5567	(3) Statutory sodomy in the first degree pursuant to 30
5568	5568	section 566.062; or 31
5569	5569	(4) Statutory sodomy in the second degree pursuant to 32
5570	5570	section 566.064. 33
5571	5571	568.045. 1. A person commits the offense of 1
5572	5572	endangering the welfare of a child in the first degree if he 2
5573	5573	or she: 3
5574	5574	(1) Knowingly acts in a manner that creates a 4
5575	5575	substantial risk to the life, body, or health of a child 5
5576	5576	less than seventeen years of age; or 6
5577	5577	(2) Knowingly engages in sexual conduct with a person 7
5578	5578	under the age of seventeen years over whom the person is a 8
5579	5579	parent, guardian, or otherwise charged with the care and 9
5580	5580	custody; 10
5581	5581	(3) Knowingly encourages, aids or causes a child less 11
5582	5582	than seventeen years of age to engage in any conduct which 12
5583	5583	violates the provisions of chapter 571 or 579; 13
5584	5584	(4) In the presence of a child less than seventeen 14
5585	5585	years of age or in a residence where a child less than 15
5586	5586	seventeen years of age resides, unlawfully manufactures or 16
5587	5587	attempts to manufacture compounds, possesses, produces, 17
5588	5588	prepares, sells, transports, tests or analyzes any of the 18
5589	5589	following: fentanyl, carfentanil, amphetamine [or], 19
5590	5590	methamphetamine, or any of its analogues. 20
5591	5591	2. The offense of endangering the welfare of a child 21
5592	5592	in the first degree is a class D felony unless the offense: 22
5593	5593	(1) Is committed as part of an act or series of acts 23
5594	5594	performed by two or more persons as part of an established 24
5595	5595	or prescribed pattern of activity, or where physical injury 25
5596	5596	to the child results, or the offense is a second or 26 SB 143 175
5597	5597	subsequent offense under this section, in which case the 27
5598	5598	offense is a class C felony; 28
5599	5599	(2) Involves fentanyl or carfentanil or any of their 29
5600	5600	analogues, in which case: 30
5601	5601	(a) The offense is a felony which shall be punished by 31
5602	5602	a term of imprisonment of not less than five years and not 32
5603	5603	more than ten years; 33
5604	5604	(b) No court shall suspend the imposition or execution 34
5605	5605	of sentence of a person who pleads guilty to or is found 35
5606	5606	guilty of an offense under this subdivision; 36
5607	5607	(c) No court shall sentence such person to pay a fine 37
5608	5608	in lieu of a term of imprisonment; and 38
5609	5609	(d) A person sentenced under this subdivision shall 39
5610	5610	not be eligible for conditional release or parole until he 40
5611	5611	or she has served at least five years of imprisonment; 41
5612	5612	(3) Results in serious physical injury to the child, 42
5613	5613	in which case the offense is a class B felony; or 43
5614	5614	[(3)] (4) Results in the death of a child, in which 44
5615	5615	case the offense is a class A felony. 45
5616	5616	569.088. 1. If a person commits an offense in 1
5617	5617	violation of a state law or county or municipal ordinance 2
5618	5618	and it is discovered that the person is a citizen of any 3
5619	5619	other country other than the United States and the person 4
5620	5620	has entered or remains in or on any public or private 5
5621	5621	property in this state in violation of 8 U.S.C. Section 1325 6
5622	5622	or 1326, the person shall also be guilty of the offense of 7
5623	5623	trespass by an illegal alien. 8
5624	5624	2. The offense of trespass by an illegal alien is a 9
5625	5625	class E felony if the other offense the person committed 10
5626	5626	under subsection 1 of this section is an infraction in 11
5627	5627	violation of a state law or a violation of a county or 12
5628	5628	municipal ordinance. The offense of trespass by an illegal 13 SB 143 176
5629	5629	alien is a class C felony if the other offense the person 14
5630	5630	committed under subsection 1 of this section is a 15
5631	5631	misdemeanor or felony in violation of state law. 16
5632	5632	3. The punishment for the offense of trespass by an 17
5633	5633	illegal alien shall be in addition to the punishment for the 18
5634	5634	commission of the offense under subsection 1 of this section. 19
5635	5635	4. The provisions of this section shall not apply to a 20
5636	5636	person who maintains authorization from the federal 21
5637	5637	government to remain in the United States. 22
5638	5638	5. For purposes of this section, "illegal alien" means 23
5639	5639	an alien who is not lawfully present in the United States, 24
5640	5640	according to the terms of 8 U.S.C. Section 1101, et seq. 25
5641	5641	570.036. 1. A person commits the offense of organized 1
5642	5642	retail theft if he or she, while alone or with any other 2
5643	5643	person or persons, commits a series of thefts of retail 3
5644	5644	merchandise against one or more persons either on the 4
5645	5645	premises of a merchant or through the use of an internet or 5
5646	5646	network site in this state with the intent to: 6
5647	5647	(1) Return the merchandise to the merchant for value; 7
5648	5648	or 8
5649	5649	(2) Resell, trade, or barter the merchandise for value 9
5650	5650	in any manner including, but not limited to, through the use 10
5651	5651	of an internet or network site. 11
5652	5652	2. The offense of organized retail theft is a class C 12
5653	5653	felony if the aggregated value of the property or services 13
5654	5654	involved in all thefts committed in this state during a 14
5655	5655	period of one hundred twenty days is no less than one 15
5656	5656	thousand five hundred dollars and no more than ten thousand 16
5657	5657	dollars. 17
5658	5658	3. The offense of organized retail theft is a class B 18
5659	5659	felony if the aggregated value of the property or services 19
5660	5660	involved in all thefts committed in this state during a 20 SB 143 177
5661	5661	period of one hundred twenty days is more than ten thousand 21
5662	5662	dollars. 22
5663	5663	4. In addition to any other penalty, the court shall 23
5664	5664	order a person who violates this section to pay restitution. 24
5665	5665	5. For the purposes of this section, in determining 25
5666	5666	the aggregated value of the property or services involved in 26
5667	5667	all thefts committed in this state during a period of one 27
5668	5668	hundred twenty days: 28
5669	5669	(1) The amount involved in a single theft shall be 29
5670	5670	deemed to be the highest value, by any reasonable standard, 30
5671	5671	of the property or services that are obtained; and 31
5672	5672	(2) The amounts involved in all thefts committed by 32
5673	5673	all participants in the organized retail theft shall be 33
5674	5674	aggregated. 34
5675	5675	6. In any prosecution for a violation of this section, 35
5676	5676	the violation shall be deemed to have been committed and may 36
5677	5677	be prosecuted in any jurisdiction in this state in which any 37
5678	5678	theft committed by any participant in the organized retail 38
5679	5679	theft was committed regardless of whether the defendant was 39
5680	5680	ever physically present in such jurisdiction. 40
5681	5681	575.150. 1. A person commits the offense of resisting 1
5682	5682	[or], interfering with, escaping, or attempting to escape 2
5683	5683	from arrest, detention, [or] stop, or custody if he or she 3
5684	5684	knows or reasonably should know that a law enforcement 4
5685	5685	officer is making an arrest or attempting to lawfully detain 5
5686	5686	or stop an individual or vehicle, and for the purpose of 6
5687	5687	preventing the officer from effecting the arrest, stop, or 7
5688	5688	detention or maintaining custody after such stop, detention, 8
5689	5689	or arrest, he or she: 9
5690	5690	(1) Resists the arrest, stop or detention of such 10
5691	5691	person by using or threatening the use of violence or 11
5692	5692	physical force or by fleeing from such officer; [or] 12 SB 143 178
5693	5693	(2) Interferes with the arrest, stop or detention of 13
5694	5694	another person by using or threatening the use of violence, 14
5695	5695	physical force or physical interference; or 15
5696	5696	(3) While being held in custody after a stop, 16
5697	5697	detention, or arrest has been made, escapes or attempts to 17
5698	5698	escape from such custody. 18
5699	5699	2. This section applies to: 19
5700	5700	(1) Arrests, stops, or detentions, with or without 20
5701	5701	warrants; 21
5702	5702	(2) Arrests, stops, [or] detentions, or custodies for 22
5703	5703	any offense, infraction, or ordinance violation; and 23
5704	5704	(3) Arrests for warrants issued by a court or a 24
5705	5705	probation and parole officer. 25
5706	5706	3. A person is presumed to be fleeing a vehicle stop 26
5707	5707	if he or she continues to operate a motor vehicle after he 27
5708	5708	or she has seen or should have seen clearly visible 28
5709	5709	emergency lights or has heard or should have heard an 29
5710	5710	audible signal emanating from the law enforcement vehicle 30
5711	5711	pursuing him or her. Nothing in this section shall be 31
5712	5712	construed to require the state to prove in a prosecution 32
5713	5713	against a defendant that the defendant knew why he or she 33
5714	5714	was being stopped, detained, or arrested. 34
5715	5715	4. It is no defense to a prosecution pursuant to 35
5716	5716	subsection 1 of this section that the law enforcement 36
5717	5717	officer was acting unlawfully in making the arrest. 37
5718	5718	However, nothing in this section shall be construed to bar 38
5719	5719	civil suits for unlawful arrest. 39
5720	5720	5. The offense of resisting [or], interfering with 40
5721	5721	[an], or escaping or attempting to escape from a stop, 41
5722	5722	detention, or arrest or from custody after such stop, 42
5723	5723	detention, or arrest is a class [E felony for an arrest for 43
5724	5724	a: 44 SB 143 179
5725	5725	(1) Felony; 45
5726	5726	(2) Warrant issued for failure to appear on a felony 46
5727	5727	case; or 47
5728	5728	(3) Warrant issued for a probation violation on a 48
5729	5729	felony case. 49
5730	5730	The offense of resisting an arrest, detention or stop in 50
5731	5731	violation of subdivision (1) or (2) of subsection 1 of this 51
5732	5732	section is a class] A misdemeanor, unless [the person 52
5733	5733	fleeing creates a substantial risk of serious physical 53
5734	5734	injury or death to any person, in which case it is a class E 54
5735	5735	felony]: 55
5736	5736	(1) The stop, detention, arrest, or custody was for a 56
5737	5737	felony; 57
5738	5738	(2) The stop, detention, arrest, or custody was for a 58
5739	5739	warrant issued for failure to appear on a felony case; 59
5740	5740	(3) The stop, detention, arrest, or custody was for a 60
5741	5741	warrant issued for a probation violation on a felony case; or 61
5742	5742	(4) The escape or attempt to escape while in custody 62
5743	5743	or under arrest was for a felony, 63
5744	5744	in which case it is a class E felony; except that, if such 64
5745	5745	escape or attempted escape is committed by means of a deadly 65
5746	5746	weapon or dangerous instrument or by holding any person 66
5747	5747	hostage it is a class A felony. 67
5748	5748	575.205. 1. A person commits the offense of tampering 1
5749	5749	with electronic monitoring equipment if he or she 2
5750	5750	intentionally removes, alters, tampers with, damages, [or] 3
5751	5751	destroys, fails to charge, or otherwise disables electronic 4
5752	5752	monitoring equipment which a court, the division of 5
5753	5753	probation and parole or the parole board has required such 6
5754	5754	person to wear. 7 SB 143 180
5755	5755	2. This section does not apply to the owner of the 8
5756	5756	equipment or an agent of the owner who is performing 9
5757	5757	ordinary maintenance or repairs on the equipment. 10
5758	5758	3. The offense of tampering with electronic monitoring 11
5759	5759	equipment is a class D felony. 12
5760	5760	4. The offense of tampering with electronic monitoring 13
5761	5761	equipment if a person fails to charge or otherwise disables 14
5762	5762	electronic monitoring equipment is a class E felony, unless 15
5763	5763	the offense for which the person was placed on electronic 16
5764	5764	monitoring was a misdemeanor, in which case it is a class A 17
5765	5765	misdemeanor. 18
5766	5766	579.060. 1. A person commits the offense of unlawful 1
5767	5767	sale, distribution, or purchase of over-the-counter 2
5768	5768	methamphetamine precursor drugs if he or she knowingly: 3
5769	5769	(1) Sells, distributes, dispenses, or otherwise 4
5770	5770	provides any number of packages of any drug product 5
5771	5771	containing detectable amounts of ephedrine, 6
5772	5772	phenylpropanolamine, or pseudoephedrine, or any of their 7
5773	5773	salts, optical isomers, or salts of optical isomers, in a 8
5774	5774	total amount greater than seven and two-tenths grams to the 9
5775	5775	same individual within a thirty-day period, unless the 10
5776	5776	amount is dispensed, sold, or distributed pursuant to a 11
5777	5777	valid prescription; or 12
5778	5778	(2) Purchases, receives, or otherwise acquires within 13
5779	5779	a thirty-day period any number of packages of any drug 14
5780	5780	product containing any detectable amount of ephedrine, 15
5781	5781	phenylpropanolamine, or pseudoephedrine, or any of their 16
5782	5782	salts or optical isomers, or salts of optical isomers in a 17
5783	5783	total amount greater than seven and two-tenths grams, 18
5784	5784	without regard to the number of transactions, unless the 19
5785	5785	amount is purchased, received, or acquired pursuant to a 20
5786	5786	valid prescription; or 21 SB 143 181
5787	5787	(3) Purchases, receives, or otherwise acquires within 22
5788	5788	a twenty-four-hour period any number of packages of any drug 23
5789	5789	product containing any detectable amount of ephedrine, 24
5790	5790	phenylpropanolamine, or pseudoephedrine, or any of their 25
5791	5791	salts or optical isomers, or salts of optical isomers in a 26
5792	5792	total amount greater than three and six-tenths grams, 27
5793	5793	without regard to the number of transactions, unless the 28
5794	5794	amount is purchased, received, or acquired pursuant to a 29
5795	5795	valid prescription; or 30
5796	5796	(4) Sells, distributes, dispenses, or otherwise 31
5797	5797	provides any number of packages of any drug product 32
5798	5798	containing detectable amounts of ephedrine, 33
5799	5799	phenylpropanolamine, or pseudoephedrine, or any of their 34
5800	5800	salts, optical isomers, or salts of optical isomers, in a 35
5801	5801	total amount greater than [forty-three] sixty-one and two- 36
5802	5802	tenths grams to the same individual within a twelve-month 37
5803	5803	period, unless the amount is dispensed, sold, or distributed 38
5804	5804	pursuant to a valid prescription; or 39
5805	5805	(5) Purchases, receives, or otherwise acquires within 40
5806	5806	a twelve-month period any number of packages of any drug 41
5807	5807	product containing any detectable amount of ephedrine, 42
5808	5808	phenylpropanolamine, or pseudoephedrine, or any of their 43
5809	5809	salts or optical isomers, or salts of optical isomers in a 44
5810	5810	total amount greater than [forty-three] sixty-one and two- 45
5811	5811	tenths grams, without regard to the number of transactions, 46
5812	5812	unless the amount is purchased, received, or acquired 47
5813	5813	pursuant to a valid prescription; or 48
5814	5814	(6) Dispenses or offers drug products that are not 49
5815	5815	excluded from Schedule V in subsection 17 or 18 of section 50
5816	5816	195.017 and that contain detectable amounts of ephedrine, 51
5817	5817	phenylpropanolamine, or pseudoephedrine, or any of their 52
5818	5818	salts, optical isomers, or salts of optical isomers, without 53 SB 143 182
5819	5819	ensuring that such products are located behind a pharmacy 54
5820	5820	counter where the public is not permitted and that such 55
5821	5821	products are dispensed by a registered pharmacist or 56
5822	5822	pharmacy technician under subsection 11 of section 195.017; 57
5823	5823	or 58
5824	5824	(7) Holds a retail sales license issued under chapter 59
5825	5825	144 and knowingly sells or dispenses packages that do not 60
5826	5826	conform to the packaging requirements of section 195.418. 61
5827	5827	2. A pharmacist, intern pharmacist, or registered 62
5828	5828	pharmacy technician commits the offense of unlawful sale, 63
5829	5829	distribution, or purchase of over-the-counter 64
5830	5830	methamphetamine precursor drugs if he or she knowingly: 65
5831	5831	(1) Sells, distributes, dispenses, or otherwise 66
5832	5832	provides any number of packages of any drug product 67
5833	5833	containing detectable amounts of ephedrine, 68
5834	5834	phenylpropanolamine, or pseudoephedrine, or any of their 69
5835	5835	salts or optical isomers, or salts of optical isomers, in a 70
5836	5836	total amount greater than three and six-tenth grams to the 71
5837	5837	same individual within a twenty-four hour period, unless the 72
5838	5838	amount is dispensed, sold, or distributed pursuant to a 73
5839	5839	valid prescription; or 74
5840	5840	(2) Fails to submit information under subsection 13 of 75
5841	5841	section 195.017 and subsection 6 of section 195.417 about 76
5842	5842	the sales of any compound, mixture, or preparation of 77
5843	5843	products containing detectable amounts of ephedrine, 78
5844	5844	phenylpropanolamine, or pseudoephedrine, or any of their 79
5845	5845	salts, optical isomers, or salts of optical isomers, in 80
5846	5846	accordance with transmission methods and frequency 81
5847	5847	established by the department of health and senior services; 82
5848	5848	or 83
5849	5849	(3) Fails to implement and maintain an electronic log, 84
5850	5850	as required by subsection 12 of section 195.017, of each 85 SB 143 183
5851	5851	transaction involving any detectable quantity of 86
5852	5852	pseudoephedrine, its salts, isomers, or salts of optical 87
5853	5853	isomers or ephedrine, its salts, optical isomers, or salts 88
5854	5854	of optical isomers; or 89
5855	5855	(4) Sells, distributes, dispenses or otherwise 90
5856	5856	provides to an individual under eighteen years of age 91
5857	5857	without a valid prescription any number of packages of any 92
5858	5858	drug product containing any detectable quantity of 93
5859	5859	pseudoephedrine, its salts, isomers, or salts of optical 94
5860	5860	isomers, or ephedrine, its salts or optical isomers, or 95
5861	5861	salts of optical isomers. 96
5862	5862	3. Any person who violates the packaging requirements 97
5863	5863	of section 195.418 and is considered the general owner or 98
5864	5864	operator of the outlet where ephedrine, pseudoephedrine, or 99
5865	5865	phenylpropanolamine products are available for sale shall 100
5866	5866	not be penalized if he or she documents that an employee 101
5867	5867	training program was in place to provide the employee who 102
5868	5868	made the unlawful retail sale with information on the state 103
5869	5869	and federal regulations regarding ephedrine, 104
5870	5870	pseudoephedrine, or phenylpropanolamine. 105
5871	5871	4. The offense of unlawful sale, distribution, or 106
5872	5872	purchase of over-the-counter methamphetamine precursor drugs 107
5873	5873	is a class A misdemeanor. 108
5874	5874	579.065. 1. A person commits the offense of 1
5875	5875	trafficking drugs in the first degree if, except as 2
5876	5876	authorized by this chapter or chapter 195, such person 3
5877	5877	knowingly distributes, delivers, manufactures, produces or 4
5878	5878	attempts to distribute, deliver, manufacture or produce: 5
5879	5879	(1) More than thirty grams of a mixture or substance 6
5880	5880	containing a detectable amount of heroin; 7
5881	5881	(2) More than one hundred fifty grams of a mixture or 8
5882	5882	substance containing a detectable amount of coca leaves, 9 SB 143 184
5883	5883	except coca leaves and extracts of coca leaves from which 10
5884	5884	cocaine, ecgonine, and derivatives of ecgonine or their 11
5885	5885	salts have been removed; cocaine salts and their optical and 12
5886	5886	geometric isomers, and salts of isomers; ecgonine, its 13
5887	5887	derivatives, their salts, isomers, and salts of isomers; or 14
5888	5888	any compound, mixture, or preparation which contains any 15
5889	5889	quantity of any of the foregoing substances; 16
5890	5890	(3) More than five hundred milligrams of a mixture or 17
5891	5891	substance containing a detectable amount of lysergic acid 18
5892	5892	diethylamide (LSD); 19
5893	5893	(4) More than thirty grams of a mixture or substance 20
5894	5894	containing a detectable amount of phencyclidine (PCP); 21
5895	5895	(5) More than four grams of phencyclidine; 22
5896	5896	(6) More than thirty kilograms of a mixture or 23
5897	5897	substance containing marijuana; 24
5898	5898	(7) More than thirty grams of any material, compound, 25
5899	5899	mixture, or preparation containing any quantity of the 26
5900	5900	following substances having a stimulant effect on the 27
5901	5901	central nervous system: amphetamine, its salts, optical 28
5902	5902	isomers and salts of its optical isomers; methamphetamine, 29
5903	5903	its salts, optical isomers and salts of its optical isomers; 30
5904	5904	phenmetrazine and its salts; or methylphenidate; 31
5905	5905	(8) More than thirty grams of any material, compound, 32
5906	5906	mixture, or preparation which contains any quantity of 3,4- 33
5907	5907	methylenedioxymethamphetamine; 34
5908	5908	(9) One gram or more of flunitrazepam for the first 35
5909	5909	offense; 36
5910	5910	(10) Any amount of gamma-hydroxybutyric acid for the 37
5911	5911	first offense; or 38
5912	5912	(11) More than [ten] three milligrams of fentanyl or 39
5913	5913	carfentanil, or any derivative thereof, or any combination 40
5914	5914	thereof, or any compound, mixture, or substance containing a 41 SB 143 185
5915	5915	detectable amount of fentanyl or carfentanil, or [their] its 42
5916	5916	optical isomers or analogues. 43
5917	5917	2. The offense of trafficking drugs in the first 44
5918	5918	degree is a class B felony. 45
5919	5919	3. The offense of trafficking drugs in the first 46
5920	5920	degree is a class A felony if the quantity involved is: 47
5921	5921	(1) Ninety grams or more of a mixture or substance 48
5922	5922	containing a detectable amount of heroin; or 49
5923	5923	(2) Four hundred fifty grams or more of a mixture or 50
5924	5924	substance containing a detectable amount of coca leaves, 51
5925	5925	except coca leaves and extracts of coca leaves from which 52
5926	5926	cocaine, ecgonine, and derivatives of ecgonine or their 53
5927	5927	salts have been removed; cocaine salts and their optical and 54
5928	5928	geometric isomers, and salts of isomers; ecgonine, its 55
5929	5929	derivatives, their salts, isomers, and salts of isomers; or 56
5930	5930	any compound, mixture, or preparation which contains any 57
5931	5931	quantity of any of the foregoing substances; or 58
5932	5932	(3) One gram or more of a mixture or substance 59
5933	5933	containing a detectable amount of lysergic acid diethylamide 60
5934	5934	(LSD); or 61
5935	5935	(4) Ninety grams or more of a mixture or substance 62
5936	5936	containing a detectable amount of phencyclidine (PCP); or 63
5937	5937	(5) Twelve grams or more of phencyclidine; or 64
5938	5938	(6) One hundred kilograms or more of a mixture or 65
5939	5939	substance containing marijuana; or 66
5940	5940	(7) Ninety grams or more of any material, compound, 67
5941	5941	mixture, or preparation containing any quantity of the 68
5942	5942	following substances having a stimulant effect on the 69
5943	5943	central nervous system: amphetamine, its salts, optical 70
5944	5944	isomers and salts of its optical isomers; methamphetamine, 71
5945	5945	its salts, optical isomers and salts of its optical isomers; 72
5946	5946	phenmetrazine and its salts; or methylphenidate; or 73 SB 143 186
5947	5947	(8) More than thirty grams of any material, compound, 74
5948	5948	mixture, or preparation containing any quantity of the 75
5949	5949	following substances having a stimulant effect on the 76
5950	5950	central nervous system: amphetamine, its salts, optical 77
5951	5951	isomers, and salts of its optical isomers; methamphetamine, 78
5952	5952	its salts, optical isomers, and salts of its optical 79
5953	5953	isomers; phenmetrazine and its salts; or methylphenidate, 80
5954	5954	and the location of the offense was within two thousand feet 81
5955	5955	of real property comprising a public or private elementary, 82
5956	5956	vocational, or secondary school, college, community college, 83
5957	5957	university, or any school bus, in or on the real property 84
5958	5958	comprising public housing or any other governmental assisted 85
5959	5959	housing, or within a motor vehicle, or in any structure or 86
5960	5960	building which contains rooms furnished for the 87
5961	5961	accommodation or lodging of guests, and kept, used, 88
5962	5962	maintained, advertised, or held out to the public as a place 89
5963	5963	where sleeping accommodations are sought for pay or 90
5964	5964	compensation to transient guests or permanent guests; or 91
5965	5965	(9) Ninety grams or more of any material, compound, 92
5966	5966	mixture or preparation which contains any quantity of 3,4- 93
5967	5967	methylenedioxymethamphetamine; or 94
5968	5968	(10) More than thirty grams of any material, compound, 95
5969	5969	mixture, or preparation which contains any quantity of 3,4- 96
5970	5970	methylenedioxymethamphetamine and the location of the 97
5971	5971	offense was within two thousand feet of real property 98
5972	5972	comprising a public or private elementary, vocational, or 99
5973	5973	secondary school, college, community college, university, or 100
5974	5974	any school bus, in or on the real property comprising public 101
5975	5975	housing or any other governmental assisted housing, within a 102
5976	5976	motor vehicle, or in any structure or building which 103
5977	5977	contains rooms furnished for the accommodation or lodging of 104
5978	5978	guests, and kept, used, maintained, advertised, or held out 105 SB 143 187
5979	5979	to the public as a place where sleeping accommodations are 106
5980	5980	sought for pay or compensation to transient guests or 107
5981	5981	permanent guests; or 108
5982	5982	(11) One gram or more of flunitrazepam for a second or 109
5983	5983	subsequent offense; or 110
5984	5984	(12) Any amount of gamma-hydroxybutyric acid for a 111
5985	5985	second or subsequent offense; or 112
5986	5986	(13) [Twenty] Fourteen milligrams or more of fentanyl 113
5987	5987	[or carfentanil], or any derivative thereof, [or any 114
5988	5988	combination thereof,] or any compound, mixture, or substance 115
5989	5989	containing a detectable amount of fentanyl [or carfentanil], 116
5990	5990	or [their] its optical isomers or analogues; or 117
5991	5991	(14) More than five hundredths of a milligram of 118
5992	5992	carfentanil. 119
5993	5993	579.068. 1. A person commits the offense of 1
5994	5994	trafficking drugs in the second degree if, except as 2
5995	5995	authorized by this chapter or chapter 195, such person 3
5996	5996	knowingly possesses or has under his or her control, 4
5997	5997	purchases or attempts to purchase, or brings into this state: 5
5998	5998	(1) More than thirty grams of a mixture or substance 6
5999	5999	containing a detectable amount of heroin; 7
6000	6000	(2) More than one hundred fifty grams of a mixture or 8
6001	6001	substance containing a detectable amount of coca leaves, 9
6002	6002	except coca leaves and extracts of coca leaves from which 10
6003	6003	cocaine, ecgonine, and derivatives of ecgonine or their 11
6004	6004	salts have been removed; cocaine salts and their optical and 12
6005	6005	geometric isomers, and salts of isomers; ecgonine, its 13
6006	6006	derivatives, their salts, isomers, and salts of isomers; or 14
6007	6007	any compound, mixture, or preparation which contains any 15
6008	6008	quantity of any of the foregoing substances; 16 SB 143 188
6009	6009	(3) More than five hundred milligrams of a mixture or 17
6010	6010	substance containing a detectable amount of lysergic acid 18
6011	6011	diethylamide (LSD); 19
6012	6012	(4) More than thirty grams of a mixture or substance 20
6013	6013	containing a detectable amount of phencyclidine (PCP); 21
6014	6014	(5) More than four grams of phencyclidine; 22
6015	6015	(6) More than thirty kilograms of a mixture or 23
6016	6016	substance containing marijuana; 24
6017	6017	(7) More than thirty grams of any material, compound, 25
6018	6018	mixture, or preparation containing any quantity of the 26
6019	6019	following substances having a stimulant effect on the 27
6020	6020	central nervous system: amphetamine, its salts, optical 28
6021	6021	isomers and salts of its optical isomers; methamphetamine, 29
6022	6022	its salts, optical isomers and salts of its optical isomers; 30
6023	6023	phenmetrazine and its salts; or methylphenidate; 31
6024	6024	(8) More than thirty grams of any material, compound, 32
6025	6025	mixture, or preparation which contains any quantity of 3,4- 33
6026	6026	methylenedioxymethamphetamine; or 34
6027	6027	(9) More than [ten] three milligrams of fentanyl or 35
6028	6028	carfentanil, or any derivative thereof, or any combination 36
6029	6029	thereof, or any compound, mixture, or substance containing a 37
6030	6030	detectable amount of fentanyl or carfentanil, or [their] its 38
6031	6031	optical isomers or analogues. 39
6032	6032	2. The offense of trafficking drugs in the second 40
6033	6033	degree is a class C felony. 41
6034	6034	3. The offense of trafficking drugs in the second 42
6035	6035	degree is a class B felony if the quantity involved is: 43
6036	6036	(1) Ninety grams or more of a mixture or substance 44
6037	6037	containing a detectable amount of heroin; or 45
6038	6038	(2) Four hundred fifty grams or more of a mixture or 46
6039	6039	substance containing a detectable amount of coca leaves, 47
6040	6040	except coca leaves and extracts of coca leaves from which 48 SB 143 189
6041	6041	cocaine, ecgonine, and derivatives of ecgonine or their 49
6042	6042	salts have been removed; cocaine salts and their optical and 50
6043	6043	geometric isomers, and salts of isomers; ecgonine, its 51
6044	6044	derivatives, their salts, isomers, and salts of isomers; or 52
6045	6045	any compound, mixture, or preparation which contains any 53
6046	6046	quantity of any of the foregoing substances; or 54
6047	6047	(3) One gram or more of a mixture or substance 55
6048	6048	containing a detectable amount of lysergic acid diethylamide 56
6049	6049	(LSD); or 57
6050	6050	(4) Ninety grams or more of a mixture or substance 58
6051	6051	containing a detectable amount of phencyclidine (PCP); or 59
6052	6052	(5) Twelve grams or more of phencyclidine; or 60
6053	6053	(6) One hundred kilograms or more of a mixture or 61
6054	6054	substance containing marijuana; or 62
6055	6055	(7) More than five hundred marijuana plants; or 63
6056	6056	(8) Ninety grams or more but less than four hundred 64
6057	6057	fifty grams of any material, compound, mixture, or 65
6058	6058	preparation containing any quantity of the following 66
6059	6059	substances having a stimulant effect on the central nervous 67
6060	6060	system: amphetamine, its salts, optical isomers and salts 68
6061	6061	of its optical isomers; methamphetamine, its salts, optical 69
6062	6062	isomers and salts of its optical isomers; phenmetrazine and 70
6063	6063	its salts; or methylphenidate; or 71
6064	6064	(9) Ninety grams or more but less than four hundred 72
6065	6065	fifty grams of any material, compound, mixture, or 73
6066	6066	preparation which contains any quantity of 3,4- 74
6067	6067	methylenedioxymethamphetamine; or 75
6068	6068	(10) [Twenty] Fourteen milligrams or more of fentanyl 76
6069	6069	[or carfentanil], or any derivative thereof, [or any 77
6070	6070	combination thereof,] or any compound, mixture, or substance 78
6071	6071	containing a detectable amount of fentanyl [or carfentanil], 79
6072	6072	or [their] its optical isomers or analogues; or 80 SB 143 190
6073	6073	(11) More than five hundredths milligram of 81
6074	6074	carfentanil. 82
6075	6075	4. The offense of trafficking drugs in the second 83
6076	6076	degree is a class A felony if the quantity involved is four 84
6077	6077	hundred fifty grams or more of any material, compound, 85
6078	6078	mixture or preparation which contains: 86
6079	6079	(1) Any quantity of the following substances having a 87
6080	6080	stimulant effect on the central nervous system: 88
6081	6081	amphetamine, its salts, optical isomers and salts of its 89
6082	6082	optical isomers; methamphetamine, its salts, isomers and 90
6083	6083	salts of its isomers; phenmetrazine and its salts; or 91
6084	6084	methylphenidate; or 92
6085	6085	(2) Any quantity of 3,4-methylenedioxymethamphetamine. 93
6086	6086	5. The offense of drug trafficking in the second 94
6087	6087	degree is a class C felony for the first offense and a class 95
6088	6088	B felony for any second or subsequent offense for the 96
6089	6089	trafficking of less than one gram of flunitrazepam. 97
6090	6090	589.401. 1. A person on the sexual offender registry 1
6091	6091	may file a petition in the division of the circuit court in 2
6092	6092	the county or city not within a county in which the offense 3
6093	6093	requiring registration was committed to have his or her name 4
6094	6094	removed from the sexual offender registry. 5
6095	6095	2. A person who is required to register in this state 6
6096	6096	because of an offense that was adjudicated in another 7
6097	6097	jurisdiction shall file his or her petition for removal 8
6098	6098	according to the laws of the state, territory, tribal, or 9
6099	6099	military jurisdiction, the District of Columbia, or foreign 10
6100	6100	country in which his or her offense was adjudicated. Upon 11
6101	6101	the grant of the petition for removal in the jurisdiction 12
6102	6102	where the offense was adjudicated, such judgment may be 13
6103	6103	registered in this state by sending the information required 14
6104	6104	under subsection 5 of this section as well as one 15 SB 143 191
6105	6105	authenticated copy of the order granting removal from the 16
6106	6106	sexual offender registry in the jurisdiction where the 17
6107	6107	offense was adjudicated to the court in the county or city 18
6108	6108	not within a county in which the offender is required to 19
6109	6109	register. On receipt of a request for registration removal, 20
6110	6110	the registering court shall cause the order to be filed as a 21
6111	6111	foreign judgment, together with one copy of the documents 22
6112	6112	and information, regardless of their form. The petitioner 23
6113	6113	shall be responsible for costs associated with filing the 24
6114	6114	petition. 25
6115	6115	3. A person required to register: 26
6116	6116	(1) As a tier III offender; 27
6117	6117	(2) Under subdivision (7) of subsection 1 of section 28
6118	6118	589.400; or 29
6119	6119	(3) As a result of an offense that is sexual in nature 30
6120	6120	committed against a minor or against an incapacitated person 31
6121	6121	as defined under section 475.010; 32
6122	6122	shall not file a petition under this section unless the 33
6123	6123	requirement to register results from a juvenile adjudication. 34
6124	6124	4. The petition shall be dismissed without prejudice 35
6125	6125	if the following time periods have not elapsed since the 36
6126	6126	date the person was required to register for his or her most 37
6127	6127	recent offense under sections 589.400 to 589.425: 38
6128	6128	(1) For a tier I offense, ten years; 39
6129	6129	(2) For a tier II offense, twenty-five years; or 40
6130	6130	(3) For a tier III offense adjudicated delinquent, 41
6131	6131	twenty-five years. 42
6132	6132	5. The petition shall be dismissed without prejudice 43
6133	6133	if it fails to include any of the following: 44
6134	6134	(1) The petitioner's: 45 SB 143 192
6135	6135	(a) Full name, including any alias used by the 46
6136	6136	individual; 47
6137	6137	(b) Sex; 48
6138	6138	(c) Race; 49
6139	6139	(d) Date of birth; 50
6140	6140	(e) Last four digits of the Social Security number; 51
6141	6141	(f) Address; and 52
6142	6142	(g) Place of employment, school, or volunteer status; 53
6143	6143	(2) The offense and tier of the offense that required 54
6144	6144	the petitioner to register; 55
6145	6145	(3) The date the petitioner was adjudicated for the 56
6146	6146	offense; 57
6147	6147	(4) The date the petitioner was required to register; 58
6148	6148	(5) The case number and court, including the county or 59
6149	6149	city not within a county, that entered the original order 60
6150	6150	for the adjudicated sex offense; 61
6151	6151	(6) Petitioner's fingerprints on an applicant 62
6152	6152	fingerprint card; 63
6153	6153	(7) If the petitioner was pardoned or an offense 64
6154	6154	requiring registration was reversed, vacated, or set aside, 65
6155	6155	an authenticated copy of the order; and 66
6156	6156	(8) If the petitioner is currently registered under 67
6157	6157	applicable law and has not been adjudicated for failure to 68
6158	6158	register in any jurisdiction and does not have any charges 69
6159	6159	pending for failure to register. 70
6160	6160	6. The petition shall name as respondents the Missouri 71
6161	6161	state highway patrol and the chief law enforcement official 72
6162	6162	in the county or city not within a county in which the 73
6163	6163	petition is filed. 74
6164	6164	7. All proceedings under this section shall be 75
6165	6165	governed under the Missouri supreme court rules of civil 76
6166	6166	procedure. 77 SB 143 193
6167	6167	8. The person seeking removal or exemption from the 78
6168	6168	registry shall provide the prosecuting attorney in the 79
6169	6169	circuit court in which the petition is filed with notice of 80
6170	6170	the petition. The prosecuting attorney may present evidence 81
6171	6171	in opposition to the requested relief or may otherwise 82
6172	6172	demonstrate the reasons why the petition should be denied. 83
6173	6173	Failure of the person seeking removal or exemption from the 84
6174	6174	registry to notify the prosecuting attorney of the petition 85
6175	6175	shall result in an automatic denial of such person's 86
6176	6176	petition. 87
6177	6177	9. The prosecuting attorney in the circuit court in 88
6178	6178	which the petition is filed shall have access to all 89
6179	6179	applicable records concerning the petitioner including, but 90
6180	6180	not limited to, criminal history records, mental health 91
6181	6181	records, juvenile records, and records of the department of 92
6182	6182	corrections or probation and parole. 93
6183	6183	10. The prosecuting attorney shall make reasonable 94
6184	6184	efforts to notify the victim of the crime for which the 95
6185	6185	person was required to register of the petition and the 96
6186	6186	dates and times of any hearings or other proceedings in 97
6187	6187	connection with such petition. 98
6188	6188	11. The court shall not enter an order directing the 99
6189	6189	removal of the petitioner's name from the sexual offender 100
6190	6190	registry unless it finds the petitioner: 101
6191	6191	(1) Has not been adjudicated or does not have charges 102
6192	6192	pending for any additional nonsexual offense for which 103
6193	6193	imprisonment for more than one year may be imposed since the 104
6194	6194	date the offender was required to register for his or her 105
6195	6195	current tier level; 106
6196	6196	(2) Has not been adjudicated or does not have charges 107
6197	6197	pending for any additional sex offense that would require 108
6198	6198	registration under sections 589.400 to 589.425 since the 109 SB 143 194
6199	6199	date the offender was required to register for his or her 110
6200	6200	current tier level, even if the offense was punishable by 111
6201	6201	less than one year imprisonment; 112
6202	6202	(3) Has successfully completed any required periods of 113
6203	6203	supervised release, probation, or parole without revocation 114
6204	6204	since the date the offender was required to register for his 115
6205	6205	or her current tier level; 116
6206	6206	(4) Has successfully completed an appropriate sex 117
6207	6207	offender treatment program as approved by a court of 118
6208	6208	competent jurisdiction or the Missouri department of 119
6209	6209	corrections; and 120
6210	6210	(5) Is not a current or potential threat to public 121
6211	6211	safety. 122
6212	6212	12. In order to meet the criteria required by 123
6213	6213	subdivisions (1) and (2) of subsection 11 of this section, 124
6214	6214	the fingerprints filed in the case shall be examined by the 125
6215	6215	Missouri state highway patrol. The petitioner shall be 126
6216	6216	responsible for all costs associated with the fingerprint- 127
6217	6217	based criminal history check of both state and federal files 128
6218	6218	under section 43.530. 129
6219	6219	13. If the petition is denied due to an adjudication 130
6220	6220	in violation of subdivision (1) or (2) of subsection 11 of 131
6221	6221	this section, the petitioner shall not file a new petition 132
6222	6222	under this section until: 133
6223	6223	(1) Fifteen years have passed from the date of the 134
6224	6224	adjudication resulting in the denial of relief if the 135
6225	6225	petitioner is classified as a tier I offender; 136
6226	6226	(2) Twenty-five years have passed from the date of 137
6227	6227	adjudication resulting in the denial of relief if the 138
6228	6228	petitioner is classified as a tier II offender; or 139
6229	6229	(3) Twenty-five years have passed from the date of the 140
6230	6230	adjudication resulting in the denial of relief if the 141 SB 143 195
6231	6231	petitioner is classified as a tier III offender on the basis 142
6232	6232	of a juvenile adjudication. 143
6233	6233	14. If the petition is denied due to the petitioner 144
6234	6234	having charges pending in violation of subdivision (1) or 145
6235	6235	(2) of subsection 11 of this section, the petitioner shall 146
6236	6236	not file a new petition under this section until: 147
6237	6237	(1) The pending charges resulting in the denial of 148
6238	6238	relief have been finally disposed of in a manner other than 149
6239	6239	adjudication; or 150
6240	6240	(2) If the pending charges result in an adjudication, 151
6241	6241	the necessary time period has elapsed under subsection 13 of 152
6242	6242	this section. 153
6243	6243	15. If the petition is denied for reasons other than 154
6244	6244	those outlined in subsection 11 of this section, no 155
6245	6245	successive petition requesting such relief shall be filed 156
6246	6246	for at least five years from the date the judgment denying 157
6247	6247	relief is entered. 158
6248	6248	16. If the court finds the petitioner is entitled to 159
6249	6249	have his or her name removed from the sexual offender 160
6250	6250	registry, the court shall enter judgment directing the 161
6251	6251	removal of the name. A copy of the judgment shall be 162
6252	6252	provided to the respondents named in the petition. 163
6253	6253	17. Any person subject to the judgment requiring his 164
6254	6254	or her name to be removed from the sexual offender registry 165
6255	6255	is not required to register under sections 589.400 to 166
6256	6256	589.425 unless such person is required to register for an 167
6257	6257	offense that was different from that listed on the judgment 168
6258	6258	of removal. 169
6259	6259	18. The court shall not deny the petition unless the 170
6260	6260	petition failed to comply with the provisions of sections 171
6261	6261	589.400 to 589.425 or the prosecuting attorney provided 172
6262	6262	evidence demonstrating the petition should be denied. 173 SB 143 196
6263	6263	589.414. 1. Any person required by sections 589.400 1
6264	6264	to 589.425 to register shall, within three business days, 2
6265	6265	appear in person to the chief law enforcement officer of the 3
6266	6266	county or city not within a county if there is a change to 4
6267	6267	any of the following information: 5
6268	6268	(1) Name; 6
6269	6269	(2) Residence; 7
6270	6270	(3) Employment, including status as a volunteer or 8
6271	6271	intern; 9
6272	6272	(4) Student status; or 10
6273	6273	(5) A termination to any of the items listed in this 11
6274	6274	subsection. 12
6275	6275	2. Any person required to register under sections 13
6276	6276	589.400 to 589.425 shall, within three business days, notify 14
6277	6277	the chief law enforcement official of the county or city not 15
6278	6278	within a county of any changes to the following information: 16
6279	6279	(1) Vehicle information; 17
6280	6280	(2) Temporary lodging information; 18
6281	6281	(3) Temporary residence information; 19
6282	6282	(4) Email addresses, instant messaging addresses, and 20
6283	6283	any other designations used in internet communications, 21
6284	6284	postings, or telephone communications; or 22
6285	6285	(5) Telephone or other cellular number, including any 23
6286	6286	new forms of electronic communication. 24
6287	6287	3. The chief law enforcement official in the county or 25
6288	6288	city not within a county shall immediately forward the 26
6289	6289	registration changes described under subsections 1 and 2 of 27
6290	6290	this section to the Missouri state highway patrol within 28
6291	6291	three business days. 29
6292	6292	4. If any person required by sections 589.400 to 30
6293	6293	589.425 to register changes such person's residence or 31
6294	6294	address to a different county or city not within a county, 32 SB 143 197
6295	6295	the person shall appear in person and shall inform both the 33
6296	6296	chief law enforcement official with whom the person last 34
6297	6297	registered and the chief law enforcement official of the 35
6298	6298	county or city not within a county having jurisdiction over 36
6299	6299	the new residence or address in writing within three 37
6300	6300	business days of such new address and phone number, if the 38
6301	6301	phone number is also changed. If any person required by 39
6302	6302	sections 589.400 to 589.425 to register changes his or her 40
6303	6303	state, territory, the District of Columbia, or foreign 41
6304	6304	country, or federal, tribal, or military jurisdiction of 42
6305	6305	residence, the person shall appear in person and shall 43
6306	6306	inform both the chief law enforcement official with whom the 44
6307	6307	person was last registered and the chief law enforcement 45
6308	6308	official of the area in the new state, territory, the 46
6309	6309	District of Columbia, or foreign country, or federal, 47
6310	6310	tribal, or military jurisdiction having jurisdiction over 48
6311	6311	the new residence or address within three business days of 49
6312	6312	such new address. Whenever a registrant changes residence, 50
6313	6313	the chief law enforcement official of the county or city not 51
6314	6314	within a county where the person was previously registered 52
6315	6315	shall inform the Missouri state highway patrol of the change 53
6316	6316	within three business days. When the registrant is changing 54
6317	6317	the residence to a new state, territory, the District of 55
6318	6318	Columbia, or foreign country, or federal, tribal, or 56
6319	6319	military jurisdiction, the Missouri state highway patrol 57
6320	6320	shall inform the responsible official in the new state, 58
6321	6321	territory, the District of Columbia, or foreign country, or 59
6322	6322	federal, tribal, or military jurisdiction of residence 60
6323	6323	within three business days. 61
6324	6324	5. Tier I sexual offenders, in addition to the 62
6325	6325	requirements of subsections 1 to 4 of this section, shall 63
6326	6326	report in person to the chief law enforcement official 64 SB 143 198
6327	6327	annually in the month of their birth to verify the 65
6328	6328	information contained in their statement made pursuant to 66
6329	6329	section 589.407. Tier I sexual offenders include: 67
6330	6330	(1) Any offender who has been adjudicated for the 68
6331	6331	offense of: 69
6332	6332	(a) Sexual abuse in the first degree under section 70
6333	6333	566.100 if the victim is eighteen years of age or older; 71
6334	6334	(b) [Sexual misconduct involving a child under section 72
6335	6335	566.083 if it is a first offense and the punishment is less 73
6336	6336	than one year; 74
6337	6337	(c)] Sexual abuse in the second degree under section 75
6338	6338	566.101 if the punishment is less than a year; 76
6339	6339	[(d)] (c) Kidnapping in the second degree under 77
6340	6340	section 565.120 with sexual motivation; 78
6341	6341	[(e)] (d) Kidnapping in the third degree under section 79
6342	6342	565.130; 80
6343	6343	[(f)] (e) Sexual conduct with a nursing facility 81
6344	6344	resident or vulnerable person in the first degree under 82
6345	6345	section 566.115 if the punishment is less than one year; 83
6346	6346	[(g)] (f) Sexual conduct under section 566.116 with a 84
6347	6347	nursing facility resident or vulnerable person; 85
6348	6348	[(h)] (g) Sexual [contact with a prisoner or offender] 86
6349	6349	conduct in the course of public duty under section 566.145 87
6350	6350	if the victim is eighteen years of age or older; 88
6351	6351	[(i)] (h) Sex with an animal under section 566.111; 89
6352	6352	[(j)] (i) Trafficking for the purpose of sexual 90
6353	6353	exploitation under section 566.209 if the victim is eighteen 91
6354	6354	years of age or older; 92
6355	6355	[(k)] (j) Possession of child pornography under 93
6356	6356	section 573.037; 94
6357	6357	[(l)] (k) Sexual misconduct in the first degree under 95
6358	6358	section 566.093; 96 SB 143 199
6359	6359	[(m)] (l) Sexual misconduct in the second degree under 97
6360	6360	section 566.095; 98
6361	6361	[(n) Child molestation in the second degree under 99
6362	6362	section 566.068 as it existed prior to January 1, 2017, if 100
6363	6363	the punishment is less than one year;] or 101
6364	6364	[(o)] (m) Invasion of privacy under section 565.252 if 102
6365	6365	the victim is less than eighteen years of age; 103
6366	6366	(2) Any offender who is or has been adjudicated in any 104
6367	6367	other state, territory, the District of Columbia, or foreign 105
6368	6368	country, or under federal, tribal, or military jurisdiction 106
6369	6369	of an offense of a sexual nature or with a sexual element 107
6370	6370	that is comparable to the tier I sexual offenses listed in 108
6371	6371	this subsection or, if not comparable to those in this 109
6372	6372	subsection, comparable to those described as tier I offenses 110
6373	6373	under the Sex Offender Registration and Notification Act, 111
6374	6374	Title I of the Adam Walsh Child Protection and Safety Act of 112
6375	6375	2006, Pub. L. 109-248. 113
6376	6376	6. Tier II sexual offenders, in addition to the 114
6377	6377	requirements of subsections 1 to 4 of this section, shall 115
6378	6378	report semiannually in person in the month of their birth 116
6379	6379	and six months thereafter to the chief law enforcement 117
6380	6380	official to verify the information contained in their 118
6381	6381	statement made pursuant to section 589.407. Tier II sexual 119
6382	6382	offenders include: 120
6383	6383	(1) Any offender who has been adjudicated for the 121
6384	6384	offense of[: 122
6385	6385	(a) Statutory sodomy in the second degree under 123
6386	6386	section 566.064 if the victim is sixteen to seventeen years 124
6387	6387	of age; 125
6388	6388	(b) Child molestation in the third degree under 126
6389	6389	section 566.069 if the victim is between thirteen and 127
6390	6390	fourteen years of age; 128 SB 143 200
6391	6391	(c) Sexual contact with a student under section 129
6392	6392	566.086 if the victim is thirteen to seventeen years of age; 130
6393	6393	(d) Enticement of a child under section 566.151; 131
6394	6394	(e) Abuse of a child under section 568.060 if the 132
6395	6395	offense is of a sexual nature and the victim is thirteen to 133
6396	6396	seventeen years of age; 134
6397	6397	(f) Sexual exploitation of a minor under section 135
6398	6398	573.023; 136
6399	6399	(g) Promoting child pornography in the first degree 137
6400	6400	under section 573.025; 138
6401	6401	(h) Promoting child pornography in the second degree 139
6402	6402	under section 573.035; 140
6403	6403	(i)] patronizing prostitution under section 567.030; 141
6404	6404	[(j) Sexual contact with a prisoner or offender under 142
6405	6405	section 566.145 if the victim is thirteen to seventeen years 143
6406	6406	of age; 144
6407	6407	(k) Child molestation in the fourth degree under 145
6408	6408	section 566.071 if the victim is thirteen to seventeen years 146
6409	6409	of age; 147
6410	6410	(l) Sexual misconduct involving a child under section 148
6411	6411	566.083 if it is a first offense and the penalty is a term 149
6412	6412	of imprisonment of more than a year; or 150
6413	6413	(m) Age misrepresentation with intent to solicit a 151
6414	6414	minor under section 566.153;] 152
6415	6415	(2) Any person who is adjudicated of an offense 153
6416	6416	comparable to a tier I offense listed in this section or 154
6417	6417	failure to register offense under section 589.425 or 155
6418	6418	comparable out-of-state failure to register offense and who 156
6419	6419	is already required to register as a tier I offender due to 157
6420	6420	having been adjudicated of a tier I offense on a previous 158
6421	6421	occasion; or 159 SB 143 201
6422	6422	(3) Any person who is or has been adjudicated in any 160
6423	6423	other state, territory, the District of Columbia, or foreign 161
6424	6424	country, or under federal, tribal, or military jurisdiction 162
6425	6425	for an offense of a sexual nature or with a sexual element 163
6426	6426	that is comparable to the tier II sexual offenses listed in 164
6427	6427	this subsection or, if not comparable to those in this 165
6428	6428	subsection, comparable to those described as tier II 166
6429	6429	offenses under the Sex Offender Registration and 167
6430	6430	Notification Act, Title I of the Adam Walsh Child Protection 168
6431	6431	and Safety Act of 2006, Pub. L. 109-248. 169
6432	6432	7. Tier III sexual offenders, in addition to the 170
6433	6433	requirements of subsections 1 to 4 of this section, shall 171
6434	6434	report in person to the chief law enforcement official every 172
6435	6435	ninety days to verify the information contained in their 173
6436	6436	statement made under section 589.407. Tier III sexual 174
6437	6437	offenders include: 175
6438	6438	(1) Any offender registered as a predatory sexual 176
6439	6439	offender [as defined in section 566.123] or a persistent 177
6440	6440	sexual offender as defined in section [566.124] 566.125; 178
6441	6441	(2) Any offender who has been adjudicated for the 179
6442	6442	crime of: 180
6443	6443	(a) Rape in the first degree under section 566.030; 181
6444	6444	(b) Statutory rape in the first degree under section 182
6445	6445	566.032; 183
6446	6446	(c) Rape in the second degree under section 566.031; 184
6447	6447	(d) Endangering the welfare of a child in the first 185
6448	6448	degree under section 568.045 if the offense is sexual in 186
6449	6449	nature; 187
6450	6450	(e) Sodomy in the first degree under section 566.060; 188
6451	6451	(f) Statutory sodomy under section 566.062; 189
6452	6452	(g) Statutory sodomy under section 566.064 if the 190
6453	6453	victim is under sixteen years of age; 191 SB 143 202
6454	6454	(h) Sodomy in the second degree under section 566.061; 192
6455	6455	(i) Sexual misconduct involving a child under section 193
6456	6456	566.083 [if the offense is a second or subsequent offense]; 194
6457	6457	(j) Sexual abuse in the first degree under section 195
6458	6458	566.100 if the victim is under thirteen years of age; 196
6459	6459	(k) Age misrepresentation with intent to solicit a 197
6460	6460	minor under section 566.153; 198
6461	6461	(l) Enticement of a child under section 566.151; 199
6462	6462	(m) Kidnapping in the first degree under section 200
6463	6463	565.110 if the victim is under eighteen years of age, 201
6464	6464	excluding kidnapping by a parent or guardian; 202
6465	6465	[(l)] (n) Child kidnapping under section 565.115 with 203
6466	6466	sexual motivation; 204
6467	6467	[(m)] (o) Sexual conduct with a nursing facility 205
6468	6468	resident or vulnerable person in the first degree under 206
6469	6469	section 566.115 if the punishment is greater than a year; 207
6470	6470	[(n)] (p) Incest under section 568.020; 208
6471	6471	[(o)] (q) Endangering the welfare of a child in the 209
6472	6472	first degree under section 568.045 with sexual intercourse 210
6473	6473	or deviate sexual intercourse with a victim under eighteen 211
6474	6474	years of age; 212
6475	6475	[(p)] (r) Child molestation in the first degree under 213
6476	6476	section 566.067; 214
6477	6477	[(q)] (s) Child molestation in the second degree under 215
6478	6478	section 566.068 or child molestation in the second degree 216
6479	6479	under section 566.068 as it existed prior to January 1, 217
6480	6480	2017, if the punishment is less than one year; 218
6481	6481	[(r)] (t) Child molestation in the third degree under 219
6482	6482	section 566.069 if the victim is under [thirteen] fourteen 220
6483	6483	years of age; 221 SB 143 203
6484	6484	[(s)] (u) Promoting prostitution in the first degree 222
6485	6485	under section 567.050 if the victim is under eighteen years 223
6486	6486	of age; 224
6487	6487	[(t)] (v) Promoting prostitution in the second degree 225
6488	6488	under section 567.060 if the victim is under eighteen years 226
6489	6489	of age; 227
6490	6490	[(u)] (w) Promoting prostitution in the third degree 228
6491	6491	under section 567.070 if the victim is under eighteen years 229
6492	6492	of age; 230
6493	6493	[(v)] (x) Promoting travel for prostitution under 231
6494	6494	section 567.085 if the victim is under eighteen years of age; 232
6495	6495	[(w)] (y) Trafficking for the purpose of sexual 233
6496	6496	exploitation under section 566.209 if the victim is under 234
6497	6497	eighteen years of age; 235
6498	6498	[(x)] (z) Sexual trafficking of a child in the first 236
6499	6499	degree under section 566.210; 237
6500	6500	[(y)] (aa) Sexual trafficking of a child in the second 238
6501	6501	degree under section 566.211; 239
6502	6502	[(z)] (bb) Genital mutilation of a female child under 240
6503	6503	section 568.065; 241
6504	6504	[(aa)] (cc) Statutory rape in the second degree under 242
6505	6505	section 566.034; 243
6506	6506	[(bb)] (dd) Child molestation in the fourth degree 244
6507	6507	under section 566.071 if the victim is under [thirteen] 245
6508	6508	seventeen years of age; 246
6509	6509	[(cc)] (ee) Sexual abuse in the second degree under 247
6510	6510	section 566.101 if the penalty is a term of imprisonment of 248
6511	6511	more than a year; 249
6512	6512	[(dd)] (ff) Patronizing prostitution under section 250
6513	6513	567.030 if the offender is a persistent offender or if the 251
6514	6514	victim is under eighteen years of age; 252 SB 143 204
6515	6515	[(ee)] (gg) Abuse of a child under section 568.060 if 253
6516	6516	the offense is of a sexual nature and the victim is under 254
6517	6517	[thirteen] eighteen years of age; 255
6518	6518	[(ff)] (hh) Sexual [contact with a prisoner or 256
6519	6519	offender] conduct in the course of public duty under section 257
6520	6520	566.145 if the victim is under [thirteen] eighteen years of 258
6521	6521	age; 259
6522	6522	[(gg) Sexual intercourse with a prisoner or offender 260
6523	6523	under section 566.145; 261
6524	6524	(hh)] (ii) Sexual contact with a student under section 262
6525	6525	566.086 if the victim is under [thirteen] eighteen years of 263
6526	6526	age; 264
6527	6527	(jj) Sexual exploitation of a minor under section 265
6528	6528	573.023; 266
6529	6529	(kk) Promoting child pornography in the first degree 267
6530	6530	under section 573.025; 268
6531	6531	(ll) Promoting child pornography in the second degree 269
6532	6532	under section 573.035; 270
6533	6533	[(ii)] (mm) Use of a child in a sexual performance 271
6534	6534	under section 573.200; or 272
6535	6535	[(jj)] (nn) Promoting a sexual performance by a child 273
6536	6536	under section 573.205; 274
6537	6537	(3) Any offender who is adjudicated for a crime 275
6538	6538	comparable to a tier I or tier II offense listed in this 276
6539	6539	section or failure to register offense under section 277
6540	6540	589.425, or other comparable out-of-state failure to 278
6541	6541	register offense, who has been or is already required to 279
6542	6542	register as a tier II offender because of having been 280
6543	6543	adjudicated for a tier II offense, two tier I offenses, or 281
6544	6544	combination of a tier I offense and failure to register 282
6545	6545	offense, on a previous occasion; 283 SB 143 205
6546	6546	(4) Any offender who is adjudicated in any other 284
6547	6547	state, territory, the District of Columbia, or foreign 285
6548	6548	country, or under federal, tribal, or military jurisdiction 286
6549	6549	for an offense of a sexual nature or with a sexual element 287
6550	6550	that is comparable to a tier III offense listed in this 288
6551	6551	section or a tier III offense under the Sex Offender 289
6552	6552	Registration and Notification Act, Title I of the Adam Walsh 290
6553	6553	Child Protection and Safety Act of 2006, Pub. L. 109-248; or 291
6554	6554	(5) Any offender who is adjudicated in Missouri for 292
6555	6555	any offense of a sexual nature requiring registration under 293
6556	6556	sections 589.400 to 589.425 that is not classified as a tier 294
6557	6557	I or tier II offense in this section. 295
6558	6558	8. In addition to the requirements of subsections 1 to 296
6559	6559	7 of this section, all Missouri registrants who work, 297
6560	6560	including as a volunteer or unpaid intern, or attend any 298
6561	6561	school whether public or private, including any secondary 299
6562	6562	school, trade school, professional school, or institution of 300
6563	6563	higher education, on a full-time or part-time basis or have 301
6564	6564	a temporary residence in this state shall be required to 302
6565	6565	report in person to the chief law enforcement officer in the 303
6566	6566	area of the state where they work, including as a volunteer 304
6567	6567	or unpaid intern, or attend any school or training and 305
6568	6568	register in that state. "Part-time" in this subsection 306
6569	6569	means for more than seven days in any twelve-month period. 307
6570	6570	9. If a person who is required to register as a sexual 308
6571	6571	offender under sections 589.400 to 589.425 changes or 309
6572	6572	obtains a new online identifier as defined in section 310
6573	6573	43.651, the person shall report such information in the same 311
6574	6574	manner as a change of residence before using such online 312
6575	6575	identifier. 313
6576	6576	589.700. 1. In addition to any fine imposed for a 1
6577	6577	violation of section 566.203, 566.206, 566.209, 566.210, 2 SB 143 206
6578	6578	566.211, or 566.215, the court shall enter a judgment of 3
6579	6579	restitution in the amount specified in this subsection in 4
6580	6580	favor of the state of Missouri, payable to the human 5
6581	6581	trafficking and sexual exploitation fund established under 6
6582	6582	this section, upon a plea of guilty or a finding of guilt 7
6583	6583	for a violation of section 566.203, 566.206, 566.209, 8
6584	6584	566.210, 566.211, or 566.215. The judgment of restitution 9
6585	6585	shall be in the amount of: 10
6586	6586	(1) Ten thousand dollars per each identified victim of 11
6587	6587	the offense or offenses for which restitution is required 12
6588	6588	under this subsection; and 13
6589	6589	(2) Two thousand five hundred dollars for each county 14
6590	6590	in which such offense or offenses occurred. 15
6591	6591	2. There is hereby created in the state treasury the 16
6592	6592	"Human Trafficking and Sexual Exploitation Fund", which 17
6593	6593	shall consist of proceeds from the human trafficking 18
6594	6594	restitution collected for violations of sections 566.203, 19
6595	6595	566.206, 566.209, 566.210, 566.211, and 566.215. The state 20
6596	6596	treasurer shall be custodian of the fund. In accordance 21
6597	6597	with sections 30.170 and 30.180, the state treasurer may 22
6598	6598	approve disbursements. The fund shall be a dedicated fund 23
6599	6599	and, upon appropriation, moneys in this fund shall be 24
6600	6600	distributed to the county or counties where the human 25
6601	6601	trafficking offense or offenses occurred. Upon receipt of 26
6602	6602	moneys from the fund, a county shall allocate the 27
6603	6603	disbursement as follows: 28
6604	6604	(1) Ten thousand dollars per each identified victim of 29
6605	6605	the offense or offenses that occurred in the county toward 30
6606	6606	local rehabilitation services for victims of human 31
6607	6607	trafficking including, but not limited to, mental health and 32
6608	6608	substance abuse counseling; general education, including 33 SB 143 207
6609	6609	parenting skills; housing relief; vocational training; and 34
6610	6610	employment counseling; and 35
6611	6611	(2) Two thousand five hundred dollars toward local 36
6612	6612	efforts to prevent human trafficking including, but not 37
6613	6613	limited to, education programs for persons convicted of 38
6614	6614	human trafficking offenses and increasing the number of 39
6615	6615	local law enforcement members charged with enforcing human 40
6616	6616	trafficking laws. 41
6617	6617	3. Notwithstanding the provisions of section 33.080 to 42
6618	6618	the contrary, any moneys remaining in the fund at the end of 43
6619	6619	the biennium shall not revert to the credit of the general 44
6620	6620	revenue fund. 45
6621	6621	4. The state treasurer shall invest moneys in the fund 46
6622	6622	in the same manner as other funds are invested. Any 47
6623	6623	interest and moneys earned on such investments shall be 48
6624	6624	credited to the fund. 49
6625	6625	590.033. 1. The POST commission shall establish 1
6626	6626	minimum standards for a chief of police training course 2
6627	6627	which shall include at least forty hours of training. All 3
6628	6628	police chiefs appointed after August 28, 2023, shall attend 4
6629	6629	a chief of police training course certified by the POST 5
6630	6630	commission not later than [six] twelve months after the 6
6631	6631	person's appointment as a chief of police. 7
6632	6632	2. A chief of police may request an exemption from the 8
6633	6633	training in subsection 1 of this section by submitting to 9
6634	6634	the POST commission proof of completion of the Federal 10
6635	6635	Bureau of Investigation's national academy course or any 11
6636	6636	other equivalent training course within the previous ten 12
6637	6637	years or at least five years of experience as a police chief 13
6638	6638	in a Missouri law enforcement agency. 14
6639	6639	3. Any law enforcement agency who has a chief of 15
6640	6640	police appointed after August 28, 2023, who fails to 16 SB 143 208
6641	6641	complete a chief of police training course within [six] 17
6642	6642	twelve months of appointment shall be precluded from 18
6643	6643	receiving any POST commission training funds, state grant 19
6644	6644	funds, or federal grant funds until the police chief has 20
6645	6645	completed the training course. 21
6646	6646	4. While attending a chief of police training course, 22
6647	6647	the chief of police shall receive compensation in the same 23
6648	6648	manner and amount as if carrying out the powers and duties 24
6649	6649	of the chief of police. The cost of the chief of police 25
6650	6650	training course may be paid by moneys from the peace officer 26
6651	6651	standards and training commission fund created in section 27
6652	6652	590.178. 28
6653	6653	595.045. 1. There is established in the state 1
6654	6654	treasury the "Crime Victims' Compensation Fund". A 2
6655	6655	surcharge of seven dollars and fifty cents shall be assessed 3
6656	6656	as costs in each court proceeding filed in any court in the 4
6657	6657	state in all criminal cases including violations of any 5
6658	6658	county ordinance or any violation of criminal or traffic 6
6659	6659	laws of the state, including an infraction and violation of 7
6660	6660	a municipal ordinance; except that no such fee shall be 8
6661	6661	collected in any proceeding in any court when the proceeding 9
6662	6662	or the defendant has been dismissed by the court or when 10
6663	6663	costs are to be paid by the state, county, or municipality. 11
6664	6664	A surcharge of seven dollars and fifty cents shall be 12
6665	6665	assessed as costs in a juvenile court proceeding in which a 13
6666	6666	child is found by the court to come within the applicable 14
6667	6667	provisions of subdivision (3) of subsection 1 of section 15
6668	6668	211.031. 16
6669	6669	2. Notwithstanding any other provision of law to the 17
6670	6670	contrary, the moneys collected by clerks of the courts 18
6671	6671	pursuant to the provisions of subsection 1 of this section 19
6672	6672	shall be collected and disbursed in accordance with sections 20 SB 143 209
6673	6673	488.010 to 488.020 and shall be payable to the director of 21
6674	6674	the department of revenue. 22
6675	6675	3. The director of revenue shall deposit annually the 23
6676	6676	amount of two hundred fifty thousand dollars to the state 24
6677	6677	forensic laboratory account administered by the department 25
6678	6678	of public safety to provide financial assistance to defray 26
6679	6679	expenses of crime laboratories if such analytical 27
6680	6680	laboratories are registered with the federal Drug 28
6681	6681	Enforcement Agency or the Missouri department of health and 29
6682	6682	senior services. Subject to appropriations made therefor, 30
6683	6683	such funds shall be distributed by the department of public 31
6684	6684	safety to the crime laboratories serving the courts of this 32
6685	6685	state making analysis of a controlled substance or analysis 33
6686	6686	of blood, breath or urine in relation to a court proceeding. 34
6687	6687	4. The remaining funds collected under subsection 1 of 35
6688	6688	this section shall be denoted to the payment of an annual 36
6689	6689	appropriation for the administrative and operational costs 37
6690	6690	of the office for victims of crime and, if a statewide 38
6691	6691	automated crime victim notification system is established 39
6692	6692	pursuant to section 650.310, to the monthly payment of 40
6693	6693	expenditures actually incurred in the operation of such 41
6694	6694	system. Additional remaining funds shall be subject to the 42
6695	6695	following provisions: 43
6696	6696	(1) On the first of every month, the director of 44
6697	6697	revenue or the director's designee shall determine the 45
6698	6698	balance of the funds in the crime victims' compensation fund 46
6699	6699	available to satisfy the amount of compensation payable 47
6700	6700	pursuant to sections 595.010 to 595.075, excluding sections 48
6701	6701	595.050 and 595.055; 49
6702	6702	(2) Beginning on September 1, 2004, and on the first 50
6703	6703	of each month, the director of revenue or the director's 51
6704	6704	designee shall deposit fifty percent of the balance of funds 52 SB 143 210
6705	6705	available to the credit of the crime victims' compensation 53
6706	6706	fund and fifty percent to the services to victims' fund 54
6707	6707	established in section 595.100. 55
6708	6708	5. The director of revenue or such director's designee 56
6709	6709	shall at least monthly report the moneys paid pursuant to 57
6710	6710	this section into the crime victims' compensation fund and 58
6711	6711	the services to victims fund to the department of public 59
6712	6712	safety. 60
6713	6713	6. The moneys collected by clerks of municipal courts 61
6714	6714	pursuant to subsection 1 of this section shall be collected 62
6715	6715	and disbursed as provided by sections 488.010 to 488.020. 63
6716	6716	Five percent of such moneys shall be payable to the city 64
6717	6717	treasury of the city from which such funds were collected. 65
6718	6718	The remaining ninety-five percent of such moneys shall be 66
6719	6719	payable to the director of revenue. The funds received by 67
6720	6720	the director of revenue pursuant to this subsection shall be 68
6721	6721	distributed as follows: 69
6722	6722	(1) On the first of every month, the director of 70
6723	6723	revenue or the director's designee shall determine the 71
6724	6724	balance of the funds in the crime victims' compensation fund 72
6725	6725	available to satisfy the amount of compensation payable 73
6726	6726	pursuant to sections 595.010 to 595.075, excluding sections 74
6727	6727	595.050 and 595.055; 75
6728	6728	(2) Beginning on September 1, 2004, and on the first 76
6729	6729	of each month the director of revenue or the director's 77
6730	6730	designee shall deposit fifty percent of the balance of funds 78
6731	6731	available to the credit of the crime victims' compensation 79
6732	6732	fund and fifty percent to the services to victims' fund 80
6733	6733	established in section 595.100. 81
6734	6734	7. These funds shall be subject to a biennial audit by 82
6735	6735	the Missouri state auditor. Such audit shall include all 83 SB 143 211
6736	6736	records associated with crime victims' compensation funds 84
6737	6737	collected, held or disbursed by any state agency. 85
6738	6738	8. In addition to the moneys collected pursuant to 86
6739	6739	subsection 1 of this section, the court shall enter a 87
6740	6740	judgment in favor of the state of Missouri, payable to the 88
6741	6741	crime victims' compensation fund, of sixty-eight dollars 89
6742	6742	upon a plea of guilty or a finding of guilt for a class A or 90
6743	6743	B felony; forty-six dollars upon a plea of guilty or finding 91
6744	6744	of guilt for a class C [or], D, or E felony; and ten dollars 92
6745	6745	upon a plea of guilty or a finding of guilt for any 93
6746	6746	misdemeanor under Missouri law except for those in chapter 94
6747	6747	252 relating to fish and game, chapter 302 relating to 95
6748	6748	drivers' and commercial drivers' license, chapter 303 96
6749	6749	relating to motor vehicle financial responsibility, chapter 97
6750	6750	304 relating to traffic regulations, chapter 306 relating to 98
6751	6751	watercraft regulation and licensing, and chapter 307 99
6752	6752	relating to vehicle equipment regulations. Any clerk of the 100
6753	6753	court receiving moneys pursuant to such judgments shall 101
6754	6754	collect and disburse such crime victims' compensation 102
6755	6755	judgments in the manner provided by sections 488.010 to 103
6756	6756	488.020. Such funds shall be payable to the state treasury 104
6757	6757	and deposited to the credit of the crime victims' 105
6758	6758	compensation fund. 106
6759	6759	9. The clerk of the court processing such funds shall 107
6760	6760	maintain records of all dispositions described in subsection 108
6761	6761	1 of this section and all dispositions where a judgment has 109
6762	6762	been entered against a defendant in favor of the state of 110
6763	6763	Missouri in accordance with this section; all payments made 111
6764	6764	on judgments for alcohol-related traffic offenses; and any 112
6765	6765	judgment or portion of a judgment entered but not collected. 113
6766	6766	These records shall be subject to audit by the state 114
6767	6767	auditor. The clerk of each court transmitting such funds 115 SB 143 212
6768	6768	shall report separately the amount of dollars collected on 116
6769	6769	judgments entered for alcohol-related traffic offenses from 117
6770	6770	other crime victims' compensation collections or services to 118
6771	6771	victims collections. 119
6772	6772	10. The department of revenue shall maintain records 120
6773	6773	of funds transmitted to the crime victims' compensation fund 121
6774	6774	by each reporting court and collections pursuant to 122
6775	6775	subsection 16 of this section and shall maintain separate 123
6776	6776	records of collection for alcohol-related offenses. 124
6777	6777	11. The state courts administrator shall include in 125
6778	6778	the annual report required by section 476.350 the circuit 126
6779	6779	court caseloads and the number of crime victims' 127
6780	6780	compensation judgments entered. 128
6781	6781	12. All awards made to injured victims under sections 129
6782	6782	595.010 to 595.105 and all appropriations for administration 130
6783	6783	of sections 595.010 to 595.105, except sections 595.050 and 131
6784	6784	595.055, shall be made from the crime victims' compensation 132
6785	6785	fund. Any unexpended balance remaining in the crime 133
6786	6786	victims' compensation fund at the end of each biennium shall 134
6787	6787	not be subject to the provision of section 33.080 requiring 135
6788	6788	the transfer of such unexpended balance to the ordinary 136
6789	6789	revenue fund of the state, but shall remain in the crime 137
6790	6790	victims' compensation fund. In the event that there are 138
6791	6791	insufficient funds in the crime victims' compensation fund 139
6792	6792	to pay all claims in full, all claims shall be paid on a pro 140
6793	6793	rata basis. If there are no funds in the crime victims' 141
6794	6794	compensation fund, then no claim shall be paid until funds 142
6795	6795	have again accumulated in the crime victims' compensation 143
6796	6796	fund. When sufficient funds become available from the fund, 144
6797	6797	awards which have not been paid shall be paid in 145
6798	6798	chronological order with the oldest paid first. In the 146
6799	6799	event an award was to be paid in installments and some 147 SB 143 213
6800	6800	remaining installments have not been paid due to a lack of 148
6801	6801	funds, then when funds do become available that award shall 149
6802	6802	be paid in full. All such awards on which installments 150
6803	6803	remain due shall be paid in full in chronological order 151
6804	6804	before any other postdated award shall be paid. Any award 152
6805	6805	pursuant to this subsection is specifically not a claim 153
6806	6806	against the state, if it cannot be paid due to a lack of 154
6807	6807	funds in the crime victims' compensation fund. 155
6808	6808	13. When judgment is entered against a defendant as 156
6809	6809	provided in this section and such sum, or any part thereof, 157
6810	6810	remains unpaid, there shall be withheld from any 158
6811	6811	disbursement, payment, benefit, compensation, salary, or 159
6812	6812	other transfer of money from the state of Missouri to such 160
6813	6813	defendant an amount equal to the unpaid amount of such 161
6814	6814	judgment. Such amount shall be paid forthwith to the crime 162
6815	6815	victims' compensation fund and satisfaction of such judgment 163
6816	6816	shall be entered on the court record. Under no 164
6817	6817	circumstances shall the general revenue fund be used to 165
6818	6818	reimburse court costs or pay for such judgment. The 166
6819	6819	director of the department of corrections shall have the 167
6820	6820	authority to pay into the crime victims' compensation fund 168
6821	6821	from an offender's compensation or account the amount owed 169
6822	6822	by the offender to the crime victims' compensation fund, 170
6823	6823	provided that the offender has failed to pay the amount owed 171
6824	6824	to the fund prior to entering a correctional facility of the 172
6825	6825	department of corrections. 173
6826	6826	14. All interest earned as a result of investing funds 174
6827	6827	in the crime victims' compensation fund shall be paid into 175
6828	6828	the crime victims' compensation fund and not into the 176
6829	6829	general revenue of this state. 177 SB 143 214
6830	6830	15. Any person who knowingly makes a fraudulent claim 178
6831	6831	or false statement in connection with any claim hereunder is 179
6832	6832	guilty of a class A misdemeanor. 180
6833	6833	16. The department may receive gifts and contributions 181
6834	6834	for the benefit of crime victims. Such gifts and 182
6835	6835	contributions shall be credited to the crime victims' 183
6836	6836	compensation fund as used solely for compensating victims 184
6837	6837	under the provisions of sections 595.010 to 595.075. 185
6838	6838	595.325. 1. There is hereby created the "Missing and 1
6839	6839	Murdered African American Women and Girls Task Force" to 2
6840	6840	consist of the following members: 3
6841	6841	(1) The following four members of the general assembly: 4
6842	6842	(a) Two members of the senate, with one member to be 5
6843	6843	appointed by the president pro tempore of the senate and one 6
6844	6844	member to be appointed by the minority floor leader of the 7
6845	6845	senate; and 8
6846	6846	(b) Two members of the house of representatives, with 9
6847	6847	one member to be appointed by the speaker of the house of 10
6848	6848	representatives and one member to be appointed by the 11
6849	6849	minority floor leader of the house of representatives; 12
6850	6850	(2) The director of the department of public safety or 13
6851	6851	his or her designee; 14
6852	6852	(3) Two representatives appointed by the director of 15
6853	6853	the department of public safety from among the following: 16
6854	6854	(a) A member from the Missouri Police Chiefs 17
6855	6855	Association; 18
6856	6856	(b) A member from the Missouri Sheriffs Association; or 19
6857	6857	(c) The superintendent of the Missouri highway patrol 20
6858	6858	or his or her designee; 21
6859	6859	(4) One or more representatives appointed by the 22
6860	6860	director of public safety from among the following: 23
6861	6861	(a) The attorney general or his or her designee; 24 SB 143 215
6862	6862	(b) The director of the Missouri office of prosecution 25
6863	6863	services; 26
6864	6864	(c) The president of the Missouri prosecutors 27
6865	6865	association; 28
6866	6866	(d) A judge or attorney working in a juvenile court; or 29
6867	6867	(e) An attorney working in the United States 30
6868	6868	Attorney's Office; 31
6869	6869	(5) A county coroner or a representative from a 32
6870	6870	statewide coroner's association; 33
6871	6871	(6) Three or more representatives appointed by the 34
6872	6872	director of public safety from among the following: 35
6873	6873	(a) A statewide or local organization that provides 36
6874	6874	legal services to African American women and girls; 37
6875	6875	(b) A statewide or local organization that provides 38
6876	6876	advocacy or counseling for African American women and girls 39
6877	6877	who have been victims of violence; 40
6878	6878	(c) A statewide or local organization that provides 41
6879	6879	services to African American women and girls; or 42
6880	6880	(d) An African American woman who is a survivor of 43
6881	6881	gender violence. 44
6882	6882	2. The task force shall appoint a chairperson who is 45
6883	6883	elected by a majority vote of the members of the task 46
6884	6884	force. The task force shall have an initial meeting before 47
6885	6885	October 1, 2025. The members of the task force shall serve 48
6886	6886	without compensation, but shall be entitled to necessary and 49
6887	6887	actual expenses incurred in attending meetings of the task 50
6888	6888	force. 51
6889	6889	3. The task force shall examine and report on the 52
6890	6890	following: 53
6891	6891	(1) The systemic causes behind violence that African 54
6892	6892	American women and girls experience, including patterns and 55
6893	6893	underlying factors that explain why disproportionately high 56 SB 143 216
6894	6894	levels of violence occur against African American women and 57
6895	6895	girls, including underlying historical, social, economic, 58
6896	6896	institutional, and cultural factors which may contribute to 59
6897	6897	the violence; 60
6898	6898	(2) Appropriate methods for tracking and collecting 61
6899	6899	data on violence against African American women and girls, 62
6900	6900	including data on missing and murdered African American 63
6901	6901	women and girls; 64
6902	6902	(3) Policies and institutions such as policing, child 65
6903	6903	welfare, coroner practices, and other governmental practices 66
6904	6904	that impact violence against African American women and 67
6905	6905	girls and the investigation and prosecution of crimes of 68
6906	6906	gender violence against African American women and girls; 69
6907	6907	(4) Measures necessary to address and reduce violence 70
6908	6908	against African American women and girls; and 71
6909	6909	(5) Measures to help victims, victims' families, and 72
6910	6910	victims' communities prevent and heal from violence that 73
6911	6911	occurs against African American women and girls. 74
6912	6912	4. The department of public safety shall provide 75
6913	6913	administrative support to the task force. 76
6914	6914	5. On or before December thirty-first of each year, 77
6915	6915	the task force shall submit a report on its findings to the 78
6916	6916	governor and the general assembly. 79
6917	6917	6. The task force shall expire on December 31, 2027, 80
6918	6918	unless extended until December 31, 2029, as determined 81
6919	6919	necessary by the department of public safety. 82
6920	6920	[221.105. 1. The governing body of any 1
6921	6921	county and of any city not within a county shall 2
6922	6922	fix the amount to be expended for the cost of 3
6923	6923	incarceration of prisoners confined in jails or 4
6924	6924	medium security institutions. The per diem cost 5
6925	6925	of incarceration of these prisoners chargeable 6
6926	6926	by the law to the state shall be determined, 7 SB 143 217
6927	6927	subject to the review and approval of the 8
6928	6928	department of corrections. 9
6929	6929	2. When the final determination of any 10
6930	6930	criminal prosecution shall be such as to render 11
6931	6931	the state liable for costs under existing laws, 12
6932	6932	it shall be the duty of the sheriff to certify 13
6933	6933	to the clerk of the circuit court or court of 14
6934	6934	common pleas in which the case was determined 15
6935	6935	the total number of days any prisoner who was a 16
6936	6936	party in such case remained in the county jail. 17
6937	6937	It shall be the duty of the county commission to 18
6938	6938	supply the cost per diem for county prisons to 19
6939	6939	the clerk of the circuit court on the first day 20
6940	6940	of each year, and thereafter whenever the amount 21
6941	6941	may be changed. It shall then be the duty of 22
6942	6942	the clerk of the court in which the case was 23
6943	6943	determined to include in the bill of cost 24
6944	6944	against the state all fees which are properly 25
6945	6945	chargeable to the state. In any city not within 26
6946	6946	a county it shall be the duty of the 27
6947	6947	superintendent of any facility boarding 28
6948	6948	prisoners to certify to the chief executive 29
6949	6949	officer of such city not within a county the 30
6950	6950	total number of days any prisoner who was a 31
6951	6951	party in such case remained in such facility. 32
6952	6952	It shall be the duty of the superintendents of 33
6953	6953	such facilities to supply the cost per diem to 34
6954	6954	the chief executive officer on the first day of 35
6955	6955	each year, and thereafter whenever the amount 36
6956	6956	may be changed. It shall be the duty of the 37
6957	6957	chief executive officer to bill the state all 38
6958	6958	fees for boarding such prisoners which are 39
6959	6959	properly chargeable to the state. The chief 40
6960	6960	executive may by notification to the department 41
6961	6961	of corrections delegate such responsibility to 42
6962	6962	another duly sworn official of such city not 43
6963	6963	within a county. The clerk of the court of any 44
6964	6964	city not within a county shall not include such 45
6965	6965	fees in the bill of costs chargeable to the 46
6966	6966	state. The department of corrections shall 47
6967	6967	revise its criminal cost manual in accordance 48
6968	6968	with this provision. 49
6969	6969	3. Except as provided under subsection 6 50
6970	6970	of section 217.718, the actual costs chargeable 51 SB 143 218
6971	6971	to the state, including those incurred for a 52
6972	6972	prisoner who is incarcerated in the county jail 53
6973	6973	because the prisoner's parole or probation has 54
6974	6974	been revoked or because the prisoner has, or 55
6975	6975	allegedly has, violated any condition of the 56
6976	6976	prisoner's parole or probation, and such parole 57
6977	6977	or probation is a consequence of a violation of 58
6978	6978	a state statute, or the prisoner is a fugitive 59
6979	6979	from the Missouri department of corrections or 60
6980	6980	otherwise held at the request of the Missouri 61
6981	6981	department of corrections regardless of whether 62
6982	6982	or not a warrant has been issued shall be the 63
6983	6983	actual cost of incarceration not to exceed: 64
6984	6984	(1) Until July 1, 1996, seventeen dollars 65
6985	6985	per day per prisoner; 66
6986	6986	(2) On and after July 1, 1996, twenty 67
6987	6987	dollars per day per prisoner; 68
6988	6988	(3) On and after July 1, 1997, up to 69
6989	6989	thirty-seven dollars and fifty cents per day per 70
6990	6990	prisoner, subject to appropriations. 71
6991	6991	4. The presiding judge of a judicial 72
6992	6992	circuit may propose expenses to be reimbursable 73
6993	6993	by the state on behalf of one or more of the 74
6994	6994	counties in that circuit. Proposed reimbursable 75
6995	6995	expenses may include pretrial assessment and 76
6996	6996	supervision strategies for defendants who are 77
6997	6997	ultimately eligible for state incarceration. A 78
6998	6998	county may not receive more than its share of 79
6999	6999	the amount appropriated in the previous fiscal 80
7000	7000	year, inclusive of expenses proposed by the 81
7001	7001	presiding judge. Any county shall convey such 82
7002	7002	proposal to the department, and any such 83
7003	7003	proposal presented by a presiding judge shall 84
7004	7004	include the documented agreement with the 85
7005	7005	proposal by the county governing body, 86
7006	7006	prosecuting attorney, at least one associate 87
7007	7007	circuit judge, and the officer of the county 88
7008	7008	responsible for custody or incarceration of 89
7009	7009	prisoners of the county represented in the 90
7010	7010	proposal. Any county that declines to convey a 91
7011	7011	proposal to the department, pursuant to the 92
7012	7012	provisions of this subsection, shall receive its 93
7013	7013	per diem cost of incarceration for all prisoners 94
7014	7014	chargeable to the state in accordance with the 95 SB 143 219
7015	7015	provisions of subsections 1, 2, and 3 of this 96
7016	7016	section.] 97
7017	7017	Section B. Because immediate action is necessary to 1
7018	7018	further equip and enhance our criminal justice system to 2
7019	7019	fight violent crime in Missouri and protect our citizens and 3
7020	7020	residents due to the recent unprecedented wave of violent 4
7021	7021	crime across our nation and state, the repeal and 5
7022	7022	reenactment of sections 221.400, 221.402, 221.405, 221.407, 6
7023	7023	221.410, and 568.045 of this act is deemed necessary for the 7
7024	7024	immediate preservation of the public health, welfare, peace, 8
7025	7025	and safety, and is hereby declared to be an emergency act 9
7026	7026	within the meaning of the constitution, and the repeal and 10
7027	7027	reenactment of sections 221.400, 221.402, 221.405, 221.407, 11
7028	7028	221.410, and 568.045 of this act shall be in full force and 12
7029	7029	effect upon its passage and approval. 13
7030	7030	Section C. The repeal and reenactment of section 1
7031	7031	301.260 of this act shall take effect as soon as 2
7032	7032	technologically possible following the development and 3
7033	7033	maintenance of a modernized, integrated system for the 4
7034	7034	titling of vehicles, issuance and renewal of vehicle 5
7035	7035	registrations, issuance and renewal of driver's licenses and 6
7036	7036	identification cards, and perfection and release of liens 7
7037	7037	and encumbrances on vehicles, to be funded by the motor 8
7038	7038	vehicle administration technology fund as created in section 9
7039	7039	301.558. Following the development of the system, the 10
7040	7040	director of the department of revenue shall notify the 11
7041	7041	governor, the secretary of state, and the revisor of 12
7042	7042	statutes, and shall implement the provisions of section 13
7043	7043	301.260 of this act. 14
7044	7044	